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Full text of "Ordinances and resolutions of the mayor and City Council of Baltimore. "

Digitized by the Internet Archive 

in 2012 with funding from 

LYRASIS IVIembers and Sloan Foundation 



http://archive.org/details/ordinances93balt 



ORDINANCES AND RESOLUTIONS 



OF THE 



Mayor And City Council 



OF BALTIMORE 



PASSED AT THE ANNUAL SESSION 1992- 1993 







Mayor and City Council of Baltimore 
Depanmenl of Legislative Reference 

IW3 



I 



ORDINANCES 

PASSED AT THE ANNUAL SESSION 

1992-1993 

CITY OF BALTIMORE 

ORDINANCE NO. 154 

(Council BUI No. 285) 

AN ORDINANCE concerning 

HOUSING CODE - RENTAL REGISTRATION AND LICENSE FEES 

FOR the purpose of increasing the annual registration fee for rental 
dwelling units, the annual license fee for rooming house units, and 
the annual license fee for multiple family dwelling units; dfi4 
r e mo\dng th e c e ilings for th e r e giotration foo and for th e 
lic e ns e e. establishing a special fund for fees remitted to the City; and 
providinj; for quarterly reports on the status of the fund. 

BY adding 

Article 13 - Housing and Urban Renewal 

Subtitle - Housing Code 

Section 1103 Cd-1) 

Baltimore Gty Code C1983 Replacement Volume, as amended) 

BY repealing and reordaining with amendments 
Article 13 - Housing and Urban Renewal 
Subtide - Housing Code 
Section 309(b) and 1103(a), (b), and (c) 
Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL 
OF BALTIMORE, That Section(s) of die Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 13 - HOUSING AND URBAN RENEWAL 

Housing Code 



Ord. No. 154 



Chapter 3 - Notice; Emergencies; Correction of Violations; 
Collections and Liens; Administrative Review; Penalties. 

309. Registration of owners and agents. 

(b) For each dwelling imit there shall be an annual registration fee 
of r$l0 1 $15 with a maximum fee of $2500 per owner of record ] $15 ^ 
to be paid at the time the owner files the annual registration statement. 
All owners whose dwelling units are licensed imder the provisions of 
Chapter 11 of this Code, and all eleemosynary, religious, educational, 
benevolent or charitable associations and all governmental agencies, 
shall file a registration statement herein required but shall be exempt 
firom the payment of the fee for the same. 

ALL FEES PAID TO THE CITY PURSUANT TO THIS SECTION 
SHALL BE ACCOUNTED FOR IN A SPECIAL FUND ENTITLED 
"HOUSING INSPECTION SERVICES". REVENUES CREDITED TO THE 
FUND SHALL BE AVAILABLE FOR THE PURPOSE OF SUPPORTING THE 
INSPECTION OF HOUSING. THE DIRECTOR OF FINANCE SHALL 
SUBMIT A QUARTERLY ACCOUNTING OF THIS FUND TO THE CHAIR 
OF THE CITY COUNCIL BUDGET AND APPROPRL\TIONS COMMHTEE. 

Chapter 11 - Licenses for Rooming Houses and 
Multiple Family Dwellings 

1103. License fees. 

The annual license fees shall be as follows: 

(a) An annual fee of [twelve dollars ($12.00)] $15 per rooming unit 
shall be charged for rooming house licenses -[with a maximum fee of ten 
thousand dollars ($10,000) per license}. 

(b) An annual fee of [twenty dollars ($20.00)] $25 per dwelling 
unit shall be charged for multiple dwelling licenses -[with a maximum 
fee of ten thousand dollars ($10,000) per license}. 

(c) Where a building is used for a combination of uses, a license fee 
shall be charged for each such use at the rate of [twelve dollars 
($12.00)] $15 per roommg unit and [twenty dollars ($20.00)] $25 per 
dwelling unit -fwith a maximum fee of ten thousand dollars ($10,000) 
per license]-. 



Ord. No. 155 



CD-I) ALL FEES PAID TO THE CITY PURSUANT TO THIS SECTION 
SHALL BE ACCOUNTED FOR IN A SPECLU FUND ENTTTLED 
"HOUSING INSPECTION SERVICES". REVENUES CREDITED TO THE 
FUND SHALL BE AVAILABLE FOR THE PURPOSE OF SUPPORTING THE 
INSPECTION OF HOUSING. THE DIRECTOR OF FINANCE SHALL 
SUBMIT A QUARTERLY ACCOUNTING OF THIS FUND TO THE CHAIR 
OF THE CITY COUNCIL BUDGET AND APPROPRL^TIONS COMMITTEE. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect 30 days aftor on the date of its enactment. 

Approved December 11, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 155 

(Council Bill No. 345) 

AN ORDINANCE concerning 

CHANGE OF STREET ADDRESS 

FOR the purpose of changing the street address of a prop e rty 
3 properties from St. Paul Street to E. Bishop s Road. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL 
OF BALTIMORE, That the prop e rt)'^ properties now known as 3700, 
3702, and 3704 St. Paul Street be and it4s they are hereby changed and 
shall hereafter be known as 12, 14, and 16 E. Bishop's Road. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approved December 15, 1992 

KURT L. SCHMOKE, Mayor 



Ord. No. 156 

CITY OF BALTIMORE 

ORDINANCE NO. 156 

(Council Bill No. 408) 

AN ORDINANCE concerning 

HOMESTEAD PROPERTY TAX CREDIT 

FOR the purpose of granting a tax credit, commencing July 1, 1993, to 
taxpayers qualifying for a homestead tax credit. 

BY adding 

Article 28 - Taxes 

Subtitie - Director of Finance 

Section 16A 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

BY authority 

Article - Tax-Property 

Section 9-105 

Annotated Code of Maryland 

(As amended by Chapter 246 of the Acts of the General 

Assembly of 1991) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL 
OF BALTIMORE, That Section(s) of tiie Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 28 - TAXES 

Director of Finance 

16A. Homestead property tax credit. 

Pursuant to the authorization contained in Section 9-105 of the Tax- 
Property Article of the Maryland Code, for the taxable year beginning 
July 1, [1992] 1993, the homestead credit percentage for the Qty 
property tax is 104%. 



Ord. No. 157 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approved December 15, 1992 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 157 

(Council Bill No. 416) 

AN ORDINANCE concerning 

METROPOLITAN DISTRICT EXTENSION NO. 119 

FOR the purpose of consenting to and approving a Petition for the 

extension of the Metropolitan District of Baltimore County to a tract 
of land consisting of 11.54 acres in the Second Election District of 
Baltimore County located in the vicinity of Coyle Road and Lyons 
Mill Road, District 2C3 (Coyle Property) and in accordance with the 
provisions of Chapter 539 of the Acts of the General Assembly of 
Maryland of 1924, as amended by Chapter 515 of the Acts of 1955. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL 
OF BALTIMORE, That the Petition for the extension of the Metropolitan 
District of Baltimore County to a tract of land consisting of 11.54 acres 
in the Second Election District of Baltimore County located in the 
vicinity of Coyle Road and Lyons Mill Road, District 2C3 (Coyle 
Property), more particularly shown on a plat filed in the Department of 
Public Works of Baltimore County numbered Ext. 119, is in accordance 
with the authority granted by Chapter 539 of the Acts of the General 
Assembly of Maryland 1924, and amended by Chapter 515 of the Acts 
of 1955 hereby consented to and approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved December 15, 1992 

KURT L. SCHMOKE, Mayor 



Ord. No. 158 

CITY OF BALTIMORE 
ORDINANCE NO. 158 

(Council Bill No. 343) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
PARKING LOT - 701-711 PENNSYLVANL\ AVENUE 

FOR the purpose of granting permission for the establishment, 

maintenance and operation of an open off-street parking area on 
the properties known as 701-711 Pennsylvania Avenue, as outlined 
in red on the plats accompanying this ordinance, subject to certain 
conditions. 

BY adding 

Article 30 - Zoning 

Section(s) 4.9-ld-3 and 11.0-6d 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of an open off-street parking 
area on the properties known as 701-711 Pennsylvania Avenue as 
outlined in red on the plats accompanying this ordinance, under the 
provisions of Section(s) 4.9-ld-3 and 11.0-6d of Article 30 of the 
Baltimore City Code (1983 Replacement Volume, as amended), tide 
"Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Coimcil, as evidence of the authenticity of the 
plat which is a part hereof and in order to give notice to the 
departments which are administering the Zoning Ordinance, the 
President of the Qty Coimcil shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the 
following: the Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of Housing and 
Community Development, the Supervisor of Assessments for Baltimore 
Qty, and the Zoning Administrator. 



Ord. No. 159 



SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the 30th day after the date of its enactment. 

Approved January 12, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 159 

(Council BUI No. 366) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE HOUSING 

FOR THE ELDERLY - 

4021, 4029, 4033, AND 4041 FREDERICK AVENUE 

FOR the purpose of granting permission to A and R Development 
Corporation for the estabUshment, maintenance and operation of 
housing for the elderl y v^th a maximum of 41 units on the property 
known as 4021, 4029, 4033, and 4041 Frederick Avenue, as 
outlined in red on the plats accompanying this ordinance. 

BY authority of 

Article 30 - Zoning 

Sections 6.2-ld-5 and 11.0-6d 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted to A and 
R Development Corporation for the establishment, maintenance and 
operation of housing for the elderly with a maximum of 41 units on the 
property known as 4021, 4029, 4033 and 4041 Frederick Avenue, as 
outlined in red on the plats accompanying this ordinance, under the 
provisions of Sections 6.2-ld-5 and 11.0-6d of Article 30 of the 
Baltimore Qty Code (1983 Replacement Volume, as amended) titled 
"Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the Qty Council, as evidence of the authenticity of the 
plat which is a part hereof and in order to give notice to the 



Ord. No. 160 



departments which are administering the Zoning Ordinance, the 
President of the Qty Comicil shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the 
following: The Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of Housing and 
Community Development, the Supervisor of Assessments for Baltimore 
Qty and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the 30th day after the date of its enactment. 

Approved January 12, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 160 

(Council Bill No. 367) 

AN ORDINANCE concerning 

ZONING - AMENDMENT TO PLANNED UNIT DEVELOPMENT - 
BALTIMORE TRAVEL PLAZA AND 
BALTIMORE PORT TRUCK PLAZA 

FOR the purpose of approving the application of Penn Advertising of 
Baltimore, Inc. to amend the Business Planned Unit Development 
established by Ordinance No. 688, approved June 24, 1986, for the 
Baltimore Travel Plaza and the Baltimore Port Truck Plaza to amend 
Schedule c-2 to allow certain business, general advertising, and 
identification signs to be constructed within the Baltimore Port 
Truck Plaza. 

BY authority of 

Article 30 - Zoning 

Chapter 12 - Planned Developments 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

WHEREAS, Ordinance No. 688, approved June 24, 1986, 
established a Business Planned Unit Development for the Baltimore 



Ord. No. 160 



Travel Plaza Limited Partnership and the Baltimore Port Truck Plaza 
Limited Partnership (the 'Truck Plaza") in accordance with Chapter 12 
of Article 30 of the Baltimore City Code and approved the Development 
Plan; and 

WHEREAS, On September 4, 1992 representatives of the Truck 
Plaza met with the Department of Planning of Baltimore City to hold a 
pre-petition conference to explain the scope and nature of the proposed 
development on the premises in order to institute proceedings to have 
certain signs constructed; and 

WHEREAS, The Truck Plaza has formally applied to the Mayor and 
Qty Council of Baltimore for approval of an amendment to the existing 
Development Plan and has submitted the requisite Amended 
Development Plan, site plans, and an amended Schedule c-2 intended to 
satisfy the requirements specified in Chapter 12 of Article 30 of the 
Baltimore Qty Code (1983 Replacement Volume, as amended); now, 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL 
OF BALTIMORE, That comprehensive sign package (Schedule c-2) is 
hereby amended as of S e pt e mb e r 18 November 30 , 1992 to provide the 
following new provisions on page 8: 

"D) Outdoor Advertising Display 

1) One double faced 14x48 feet billboard which may 
contain a business, general advertising, or identification 
sign, and may be illuminated. 

2) Two double faced 12x25 feet posterboards which may 
contain a business, general advertising, or identification 
sign, and may be illuminated. 

3) All billboards, except for the 12x25 foot double-faced 
poster boards located at Angle sea and the O'Dormell 
Street cutoff, shall be erected at least 100 feet from the 
property line on which they are located. " 

SEC. 2. AND BE IT FURTHER ORDAINED, That the amended 
Schedule c-2 and plats dated S e pt e mb e r 18 November 30 . 1992 which 
show the approximate location, set-backs, and height of signs to be 
constructed upon enactment of this ordinance are hereby approved. 



Ord. No. 161 



SEC. 3. AND BE IT FURTHER ORDAINED, That the outdoor 
advertising display to be built in the area of Angle sea and O'Domiell 
Street cutoff shall only be permitted if the land disposition agreement 
between the Mayor and City Council and the Baltimore Port Truck Plaza 
Limited Partnership is amended to permit such at that location. 

SEC. 34. AND BE IT FURTHER ORDAINED, That subsequent to 
enactment of this ordinance, all changes in the approved Amended 
Development Plan for the Baltimore Travel Plaza and the Baltimore Port 
Truck Plaza shall be reviewed and approved by the Planning 
Commission to insure that those changes are consistent with this 
Ordinance. 

SEC. 45. AND BE IT FURTHER ORDAINED, That upon passage of 
this Ordinance by the Qty Coimcil, as evidence of the authenticity of 
the Amended Development Plan which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the Amended 
Development Plan, and when the Mayor approves the Ordinance, he 
shall sign the Amended Development Plan. The Director of Finance 
shall then transmit a copy of the Ordinance and the Amended 
Development Plan to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Supervisor of Assessments for Baltimore City 
and the Zoning Administrator of Baltimore Qty. 

SEC. 56. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved January 12, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 161 

(Council Bill No. 382) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
DRIVE IN RESTAURANT WITH A DRIVE-THROUGH WINDOW 
3319-3325 PULASKI HIGHWAY 



10 



Ord. No. 161 



FOR the purpose of granting permission for the establishment, 

maintenance and operation of a drive-in restaurant with a drive- 
through window on the property known as 3319-3325 Pulaski 
Highway, as outlined in red on the amended plats accompanying 
this ordinance. 

BY authority of 

Article 30 - Zoning 

Sections 6.3-ld-3 and 11.0-6d 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted for the 

establishment, maintenance and operation of a drive-in restaurant with . . 

a drive-through window on the property known as 3319-3325 Pulaski 31 

Highway, as outlined in red on the amended plats accompanying this ;S 

ordinance, under the provisions of Sections 6.3-ld-3 and 11.0-6d of 5 J 

Article 30 of the Baltimore Qty Code (1983 Replacement Volume, as ^3 

amended) titled "Zoning". j 

IZ 
t* 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of , j 

this ordinance by the Qty Council, as evidence of the authenticity of the S ? 

plat which is a part hereof and in order to give notice to the \a 

departments which are administering the Zoning Ordinance, the J> 

President of the Qty Council shall sign the plat and when the Mayor $i 

approves the ordinance, he shall sign the plat. The Director of Finance 

shall then transmit a copy of the ordinance and one of the plats to the ^ 

following: The Board of Municipal and Zoning Appeals, the Planning 

Commission, the Commissioner of the Department of Housing and 

Community Development, the Supervisor of Assessments for Baltimore 

Qty and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the 30th day after the date of its enactment. 

Approved January 12, 1993 

KURT L. SCHMOKE, Mayor 



11 



Ord. No. 162 

CITY OF BALTIMORE 

ORDINANCE NO. 162 

(CouncU Bill No. 203) 

AN ORDINANCE concerning 

LANDLORD AND TENANT - SANITATION VIOLATION 

FOR the purpose of providing that a tenant convict e d of violating any 
housing code, health, sanitation or other law relating to disposing 
of, or permitting the accumulation of, trash, garbage, or litter on the 
leased premises may be evicted after notice. 

BY adding to 

Th e Public Local Laws of Baltimor e Gty (1979 Edition, as 

amend e d) 
Subtitle — 9 — Landlord and T e nant 
S e ction 9 14A 
Articl e A — Public Local Laws of Maryland 

SECTION 1. BE IT ORDAI^JED BY THE MAYOR x^ND CITY COUNCIL 
OF BALTIMORE, That S e ction(6) of th e Public Local Laws of Baltimor e 
City Cod e (1979 Edition, ac am e nd e d) b e add e d, r e p e al e d, or am e nd e d, 
to r e ad as follows: 

Subtitle 9 — Landlord and Tenant 

9-44A. 

(A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN 
A TENA>JT UNDER A TENANCY DESCRIBED IN SECTION 9 11, 9 12, 
OR 9 13 HAS BEEN CONVICTED UNDER ANY STATE OR CITY LAW 
RELATR^JG TO THE DISPOSD>JG OF, OR PERMITTING THE 
ACCUMULATION OF, TRASH, GARBAGE, OR LITTER ON THE LEASED 
PREMISES OR ANY RIGHTS OF WAY APPURTENA>JT THERETO, THE 
LANDLORD SHALL BE ENTITLED TO THE REMEDY PROVIDED IN 
SECTION 9 19 FOR THE SPEEDY RECOVERY OF THE POSSESSION OF 
LA^JDS OR TENEMENTS HELD OVER BY TENA^r^S, PROVIDED THAT 
BEFORE EXERCISI^JG THE REMEDY THE Lx^>JDLQRD HAS GIVEN TO 
THE TENA>rr 7 DAYS^ WRITITJ>J N OTICE. 



12 



Ord. No. 162 



(B) D>J THIS SECTION THE FOLLOWING TERMS HAVE THE 
ME.^NINGS I>JDIG^TED l^vJLESS THEIR CO>rrEXT REQUIRES A 
DIFFERENT MEANING; 

(1) 'DISPOSE" MEWJS DEPOSIT, DISCARD, DU\1P, 
DISCHi^GE. PLACE, CAST. THROW, SCR.^, JUNK, OR ABANDON. 

(3) 'TRi^SH, GI^RBAGE, OR LITTER" I^JCLUDES ALL RUBBISH> 
WASTE Mi^TERIAL. REFUSE, GARBAGE, TRASH, DEBRIS, LITTER, 
DEi^D ANJMALS^ SOLID WASTE, OR OTHER DISCARDED Mi\TERL\L 
OF ANY KIND. 

By repealing and reordaining with amendments 

The Public Local Laws of Baltimore Gty .; 

(1979 Edition, as amended) J J 

Subtitle - 9. Landlord and Tenant -? 

Section - 9-14 t', 

Article 4 - Public Local Laws of Maryland - 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 



I" 



COUNCIL OF BALTIMORE. That SectionCs) of the Public Local Laws of .j 

Baltimore Gty (1979 Edition, as amended) be added, repealed, or If 

amended, to read as follows: |4 

I'r 

Subtide 9 - Landlord and Tenant tl 

9-14. Tenancies covered by Sections 9-11. 9-12 and 9-13. ^ 

Notwithstanding the provisions of Section 9-20 of this Article, the 
notice required to be given by any landlord to any tenant to terminate 
the tenancies of dwelhng units for the terms mentioned in Sections 9- 
11, 9-12. and 9-13 of this Article shall be sixty (60) days notice previous 
to the date upon which the landlord shall be entitled to the remedy 
contained in Section 9-19. and no landlord leasing, renting or demising 
any dwelUng unit in the City of Baltimore under a lease for a year or 
any period less than a year, at sufferance or per autre vie, shall be 
entitled to the remedy provided by Section 9-19 if he has not given sixty 
(60) days' notice before exercising such remedy unless: 

(1) The tenant is violating an obligation of his tenancy such as 
unreasonably refusing the landlord access to the dwelling unit OR 
FAILING TO COMPLY WITH SANITATION STANDARDS SET BY LAW; 
or 



13 



Ord. No. 162 



(2) The tenant is committing or permitting a nuisance on the 
premises or is using or permitting the use of the dwelling unit for 
immoral or illegal purposes or for other than living or dwelling 
purposes: or 

C3) The dwelling unit is occupied under a seasonal occupancy, 
which is hereby defined to be a tenancy for not more than five (5) 
months: or 

(4) The dwelling unit is and was, at the effective date hereof, a 
nonhousekeeping furnished room or unit without cooking facilities: or 

C5) The tenanf s lease or other rental agreement has expired or 
otherwise termmated and, at the time of termination, the occupants of 
the housing accommodations are subtenants or other persons who 
occupied under a rental agreement v\dth the tenant and no part of the 
accommodations is used by the tenant as his dwelling. 

If the landlord seeks to evict the tenant imder the provisions of 
Paragraphs 1, 2, 3, 4 or 5 above, the notice to the tenant shall be thirty 
(30) days before the end of the term unless otherwise provided in the 
lease. 

In addition, no such landlord shall be entitled to the remedy 
provided by Section 9-19 if he has not given sixty C60) days notice 
before exercising such remedy unless: 

(1) The landlord, who is the owner of the housing 
accommodations, seeks in good faith to recover possession thereof for 
his immediate and personal use and occupancy as housing 
acconamodations, or for the immediate and personal use and occupancy 
as housing accommodations by a member or members of his immediate 
family, which shall include a son, son-in-law, daughter, daughter-in-law, 
father, father-in-law, mother, mother-in-law, stepchild and adopted 
child: or 

(2) The landlord seeks in good faith, to recover possession 
for the immediate purpose of substantially altering or remodeling the 
housing accommodations for continued use as housing accommodations, 
in a manner which cannot practically be done with the tenant in 
possession, or for the immediate purpose of demolishing them, provided 
that the landlord has obtained such approval for the proposed 



14 



Ord. No. 163 



alterations or remodeling or demolition as may be required under the 
law; or 

C3) The landlord seeks in good faith to recover possession 
of the housing accommodations for the immediate purpose of: 

CD Making a permanent conversion to 
commercial use by substantially altering or remodeling them; or 

Cii) PersonaUy making a permanent use of 
them for nonhousing purposes; or 

Ciii) Permanently v^thdrawing them from both 
housing and nonhousing rental markets without any intent to sell 
housing accommodations. 

If the landlord seeks to evict the tenant imder the provisions of 
Paragraphs 1. 2 and 3 above, the notice to the tenant shall be sixty (60) 
days before the end of the term, unless otherwise provided in the lease. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the 30th day after the date of its enactment. 

Approved March 1, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 163 

(Council Bill No. 278) 

AN ORDINANCE concerning 

EMPLOYEES' RETIREMENT SYSTEM - 
CLASS C DISABILITY BENEFITS 

FOR the purpose of amending the offset provisions relating to earnings 
from employment for accidental and dismemberment disability 
retirement benefits. 



15 



Ord. No. 163 



BY repealing and reordaining with amendments 
Article 22 - Retirement Systems 
Subtitle - Employees' Retirement System 
Sections 9® (4), 9(k)(3) 
Baltimore Qty Code (1983 Replacement Volmne, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL 
OF BALTIMORE, That Section(s) of the Baltimore Qty Code (1983 
Replacement Volmne, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 22 - RETIREMENT SYSTEMS 

Employees' Retirement System 

9. Class C membership. 

0) Accidental disability retirement benefit. 

(4) Offset to accidental disability retirement benefit. There 
shall be offset from any accidental disability retirement benefit payable: 

(i) The full amoimt of any benefit or payment currently 
payable on or after accidental disability retirement on accoimt of 
unemployment compensation insurance under any Federal, State or Qty 
law, when the Qty either pays the cost of said benefit by means of the 
reimbursement method or the Qt/s experience rate is affected as a 
result of the taxing method. 

(ii) Effective with the date beginning five (5) years prior 
to the date of the accident which qualified the member for accidental 
disability retirement benefits under this section, the full amount of any 
past or future benefit or payment which may be paid or payable by the 
Qty of Baltimore under the provisions of any workmen's compensation 
or similar law for any permanent disability, whether partial or total, or 
for death. The benefits under said workmen's compensation or similar 
law shall be offset dollar for dollar, pro tanto, firom the benefits 
otherwise payable from funds provided by the City of Baltimore imder 
this subtide, and such benefits so reduced shall be payable under the 
provisions of this subtide. 



16 



Ord. No. 163 



(iii) [For "earnings" from employment of a disabled retiree 
imder the age of seventy (70), a reduction of $1.00 in the pension shall 
be made for each $2.00 of earnings. 

The term "earnings" as used in this subsection shall mean income 
derived from wages, salaries, tips, conmiissions, other employee 
compensation, and self -employment. In all cases of doubt, the Panel of 
Hearing Examiners shall decide what is and what is not "earnings" for 
the purposes of administering the provisions of this section.] 

A DISABILITY RETIREE MAY, WITHOUT REDUCTION OF HIS 
RETIREMENT ALLOWANCE, EARN ANNUALLY AN AMOUNT, 
HEREINAFTER REFERRED TO AS "EARNINGS", EQUAL TO THE RATE 
OF THE ANNUAL EARNABLE COMPENSATION CURRENTLY BEING 
PAID TO PERSONS IN THE SAME GRADE AND STEP AS THE RETIREE 
WAS AT THE TIME OF HIS RETIREMENT, PLUS THE AMOUNT OF ANY 
LONGEVITY PAYMENTS CURRENTLY BEING PAID FOR THE LENGTH 
OF SERVICE THE RETIREE HAD AT THE TIME OF HIS RETIREMENT, 
SAID RATE OF EARNABLE COMPENSATION PLUS LONGEVITY 
PAYMENTS, IF ANY, HEREINAFTER REFERRED TO AS "BASE 
AMOUNr. SHOULD SUCH A RETIREE EARN AN ANNUAL AMOUNT 
WHICH IS GREATER THAN HIS BASE AMOUNT, THE PENSION 
OTHERWISE PAYABLE TO A DISABLED RETIREE UNDER THE AGE OF 
SEVENTY (70) SHALL BE REDUCED IN THE FOLLOWING MANNER: 

FOR THE FIRST $5,000 OF EARNINGS IN EXCESS OF THE 
BASE AMOUNT, A REDUCTION OF $1.00 IN PENSION BENEFITS 
SHALL BE MADE FOR EACH $2.00 EARNED. FOR ANY EARNINGS IN 
EXCESS OF $5,000 OVER THE BASE AMOUNT, A REDUCTION OF 
$2.00 IN PENSION BENEFITS SHALL BE MADE FOR EACH $5.00 
EARNED. 

IN THE CALENDAR YEAR OF RETIREMENT, THE BASE 
AMOUNT SHALL BE PRORATED ON A MONTHLY BASIS. BENEFITS 
WHICH MAY BE PAYABLE TO A BENEFICL\RY OF A DECEASED 
DISABILITY RETIREE UNDER THE PROVISIONS OF THIS SUBTITLE, 
SHALL NOT BE REDUCED BY REASON OF ANY EXCESS EARNINGS 
SAID RETIREE MAY HAVE HAD; AND THE BASE FOR CALCULATING 
SAID BENEFICL^rS BENEFITS SHALL BE THE TOTAL UNREDUCED 
RETIREMENT ALLOWANCE OF THE DISABILITY RETIREE, 
NOTWrmSTANDING THE FACT THAT SAID RETIREE WAS RECEIVING 
A REDUCED RETIREMENT ALLOWANCE IN THE YEAR OF HIS DEATH. 



17 



Ord. No. 163 



THE TERM "EARNINGS" AS USED IN THIS SUBSECTION 
SHALL MEAN INCOME DERIVED FROM WAGES, SALARIES, TIPS, 
COMMISSIONS, OTHER EMPLOYEE COMPENSATION, AND SELF- 
EMPLOYMENT. IN ALL CASES OF DOUBT THE BOARD OF TRUSTEES 
SHALL DECIDE WHAT ARE AND WHAT ARE NOT "EARNINGS" FOR 
THE PURPOSES OF ADMINISTERING THE PROVISIONS OF THIS 
SUBSECTION. 

SUCH DISABILITY RETIREE WHO HAS NOT BEEN CERTIFIED 
AS FIT TO PERFORM DUTIES IN THE NATURE OF THOSE HE WAS 
PERFORMING PRIOR TO HIS RETIREMENT MAY, NEVERTHELESS, 
ACCEPT SUITABLE EMPLOYMENT WITH THE CITY, SUBJECT TO THE 
"EARNINGS" PROVISIONS CONTAINED HEREIN; PROVIDED, 
HOWEVER, THAT SUCH AN EMPLOYEE SHALL NOT AGAIN BECOME 
A MEMBER OF ANY RETIREMENT SYSTEM SUPPORTED IN WHOLE 
OR IN PART BY THE MAYOR AND CITY COUNCIL OF BALTIMORE. 

ON OR BEFORE MAY 1 OF EACH YEAR FOLLOWING HIS 
DISABILITY RETIREMENT, A DISABILITY RETIREE SHALL SUBMIT, ON 
A FORM ISSUED BY THE BOARD OF TRUSTEES OR ON ITS 
EQUIVALENT AS APPROVED BY THE BOARD OF TRUSTEES, A SIGNED 
STATEMENT SETTING FORTH HIS TOTAL GROSS EARNINGS, IF ANY, 
IN THE PRECEDING CALENDAR YEAR AND THE SOURCE OF SAID 
EARNINGS. THE EXECUTION OF SAID FORMS BY A DISABILITY 
RETIREE SHALL HAVE THE SAME EFFECT AS A STATEMENT SWORN 
TO BY HIM BEFORE A NOTARY PUBLIC. SHOULD ANY DISABILITY 
RETIREE FAIL TO SUBMIT SAID SIGNED STATEMENT, HIS 
RETIREMENT ALLOWANCE MAY THEREAFTER BE DISCONTINUED BY 
THE BOARD OF TRUSTEES UNTIL HE HAS COMPLIED; AND SHOULD 
HE FAIL TO SUBMIT SAID SIGNED AND COMPLETED STATEMENT BY 
MAY 1 OF THE SUCCEEDING YEAR, ALL RIGHTS IN AND TO HIS 
PENSION MAY BE REVOKED BY THE BOARD OF TRUSTEES. 

(k) Dismemberment disability retirement benefits. 

(3) Offset to dismemberment disability retirement benefit. 

There shall be offset from any dismemberment disability 
retirement benefit payable: 

(i) The full amoimt of any benefit or payment currendy 
payable on account of unemployment compensation insurance imder 
any Federal, State or City law, when the City either pays the cost of said 



18 



Ord. No. 163 



benefit by means of reimbursement method or the Qt/s experience rate 
is affected as a result of the taxing method. 

(ii) Effective with the date beginning five (5) years prior 
to the date of the accident which qualified the member for 
dismemberment disability retirement benefits under this section, the full 
amount of any past or future benefit or payment which may be paid or 
payable by the Qty of Baltimore under the provisions of any workmen's 
compensation or similar law for any permanent disability, whether 
partial or total, or death. The benefits under said workmen's 
compensation or similar law shall be offset dollar for dollar, pro tanto, 
from the benefits otherwise payable from funds provided by the Qty of 
Baltimore under this subtide, and such benefits so reduced shall be 
payable under the provisions of this subtide. 

(iii) [For "earnings" from employment of a disabled retiree 
under the age of seventy (70), a reduction of $1.00 in the pension shall 
be made for each $2.00 of earnings. 

The term "earnings" as used in this subsection shall mean 
income derived from wages, salaries, tips, commissions, other employee 
compensation, and self-employment. In all cases of doubt, the Panel of 
Hearing Examiners shall decide what is and what is not "earnings" for 
the purposes of administering the provisions of this subsection.] 

A disabhity retiree may, without reduction of his 

RETIREMENT ALLOWANCE, EARN ANNUALLY AN AMOUNT, 
HEREINAFTER REFERRED TO AS "EARNINGS", EQUAL TO THE RATE 
OF THE ANNUAL EARNABLE COMPENSATION CURRENTLY BEING 
PAID TO PERSONS IN THE SAME GRADE AND STEP AS THE RETIREE 
WAS AT THE TIME OF HIS RETIREMENT, PLUS THE AMOUNT OF ANY 
LONGEVITY PAYMENTS CURRENTLY BEING PAID FOR THE LENGTH 
OF SERVICE THE RETIREE HAD AT THE TIME OF HIS RETIREMENT, 
SAID RATE OF EARNABLE COMPENSATION PLUS LONGEVITY 
PAYMENTS, IF ANY, HEREINAFTER REFERRED TO AS "BASE 
AMOUNT. SHOULD SUCH A RETIREE EARN AN ANNUAL AMOUNT 
WHICH IS GREATER THAN HIS BASE AMOUNT, THE PENSION 
OTHERWISE PAYABLE TO A DISABLED RETIREE UNDER THE AGE OF 
SEVENTY (70) SHALL BE REDUCED IN THE FOLLOWING MANNER: 

FOR THE FIRST $5,000 OF EARNINGS IN EXCESS OF THE 
BASE AMOUNT, A REDUCTION OF $1.00 IN PENSION BENEFITS 
SHALL BE MADE FOR EACH $2.00 EARNED. FOR ANY EARNINGS IN 



19 



Ord. No. 163 



EXCESS OF $5,000 OVER THE BASE AMOUNT, A REDUCTION OF 
$2.00 IN PENSION BENEFITS SHALL BE MADE FOR EACH $5.00 
EARNED. 

IN THE CALENDAR YEAR OF RETIREMENT, THE BASE 
AMOUNT SHALL BE PRORATED ON A MONTHLY BASIS. BENEFITS 
WHICH MAY BE PAYABLE TO A BENEFICL^JIY OF A DECEASED 
DISABILITY RETIREE UNDER THE PROVISIONS OF THIS SUBTITLE, 
SHALL NOT BE REDUCED BY REASON OF ANY EXCESS EARNINGS 
SAID RETIREE MAY HAVE HAD; AND THE BASE FOR CALCULATING 
SAID BENEFICL^RrS BENEFITS SHALL BE THE TOTAL UNREDUCED 
RETIREMENT ALLOWANCE OF THE DISABILITY RETIREE, 
NOTWITHSTANDING THE FACT THAT SAID RETIREE WAS RECEIVING 
A REDUCED RETIREMENT ALLOWANCE IN THE YEAR OF HIS DEATH. 

THE TERM "EARNINGS" AS USED IN THIS SUBSECTION 
SHALL MEAN INCOME DERIVED FROM WAGES, SALARIES, TIPS, 
COMMISSIONS, OTHER EMPLOYEE COMPENSATION, AND SELF- 
EMPLOYMENT. IN ALL CASES OF DOUBT THE BOARD OF TRUSTEES 
SHALL DECIDE WHAT ARE AND WHAT ARE NOT "EARNINGS" FOR 
THE PURPOSES OF ADMINISTERING THE PROVISIONS OF THIS 
SUBSECTION. 

SUCH DISABILITY RETIREE WHO HAS NOT BEEN CERTIFIED 
AS FIT TO PERFORM DUTIES IN THE NATURE OF THOSE HE WAS 
PERFORMING PRIOR TO HIS RETIREMENT MAY, NEVERTHELESS, 
ACCEPT SUITABLE EMPLOYMENT WITH THE CITY, SUBJECT TO THE 
"EARNINGS" PROVISIONS CONTAINED HEREIN; PROVIDED, 
HOWEVER, THAT SUCH AN EMPLOYEE SHALL NOT AGAIN BECOME 
A MEMBER OF ANY RETIREMENT SYSTEM SUPPORTED IN WHOLE 
OR IN PART BY THE MAYOR AND CITY COUNCIL OF BALTIMORE. 

ON OR BEFORE MAY 1 OF EACH YEAR FOLLOWING HIS 
DISABILITY RETIREMENT, A DISABILITY RETIREE SHALL SUBMIT, ON 
A FORM ISSUED BY THE BOARD OF TRUSTEES OR ON ITS 
EQUIVALENT AS APPROVED BY THE BOARD OF TRUSTEES, A SIGNED 
STATEMENT SETTING FORTH HIS TOTAL GROSS EARNINGS, IF ANY, 
IN THE PRECEDING CALENDAR YEAR AND THE SOURCE OF SAID 
EARNINGS. THE EXECUTION OF SAID FORMS BY A DISABILITY 
RETIREE SHALL HAVE THE SAME EFFECT AS A STATEMENT SWORN 
TO BY HIM BEFORE A NOTARY PUBLIC. SHOULD ANY DISABILITY 
RETIREE FAIL TO SUBMIT SAID SIGNED STATEMENT, HIS 
RETIREMENT ALLOWANCE MAY THEREAFTER BE DISCONTINUED BY 



20 



Ord. No. 164 



THE BOARD OF TRUSTEES UNTIL HE HAS COMPLIED; AND SHOULD 
HE FAIL TO SUBMIT SAID SIGNED AND COMPLETED STATEMENT BY 
MAY 1 OF THE SUCCEEDING YEAR, ALL RIGHTS IN AND TO HIS 
PENSION MAY BE REVOKED BY THE BOARD OF TRUSTEES. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the 30th day after the date of its enactment and 
shall first apply to a retiree's calendar year 1992 earnings. 

Approved March 1, 1993 

KURT L. SCHMOKE, Mayor 



I 



CITY OF BALTIMORE 

ORDINANCE NO. 164 

(Council Bill No. 290) 

AN ORDINANCE concerning 

BUILDING CODE - VIOLATION NOTICES FOR UNSAFE STRUCTURES 

FOR the purpose of providing that certain Building Code violation 
notices conform with State law. 

BY adding 

Article 32 - Building Code 

Section 120.9 

Baltimore Qty Building Code (1990 Edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL 
OF BALTIMORE, That Section(s) of the Baltimore Qty Building Code 
(1990 Edition, as amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 32 - BUILDING CODE 

Section 120.0 Unsafe Structures 

120.9 CITATION OF PROPERTY: A PROPERTY CITED AS "VACANr 
OR "UNFIT FOR HUMAN HABITATION" ON A VIOLATION NOTICE 
ISSUED UNDER THE PROVISIONS OF THIS SECTION SHALL BE 



21 



Ord. No, 165 



DEEMED TO BE CITED AS 'VACANT AND ABANDONED" WITHIN THE 
MEANING OF THE TAX-PROPERTY ARTICLE OF THE MARYLAND 
CODE. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approved March 1, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 165 

(CouncU BUI No. 303) 

AN ORDINANCE concerning 

HOUSING CODE - 
REGISTRATION OF RESIDENTL\L RENTAL PROPERTY 

FOR the purpose of requiring that certain telephone numbers shall be 
provided in the registration statement; providing that under certain 
circumstances the Commissioner of Housing and Commimity 
Development may be the authorized agent for the receipt of 
violation notices and court process; and r e moving revising the 
confidentialitv of registration statements, th e r e quir e m e nt of 
confid e ntiality of r e gistration stat e m e nts. 

BY repealing and reordaining with amendments 
Article 13 - Housing and Urban Renewal 
Housing Code 
Section 309(d). Ce) 
Baltimore Qty Code (1983 Replacement Volume, as amended) 

BY rep e a lmg 

Article 13 — Housing and Urban R e n e wal 

Housing Cod e 

S e ction 309( e ) 

Baltimor e City Cod e (1983 R e placement Volum e ^ as am e nd e d) 



22 



Ord. No. 165 



BY renumbering 

Article 13 - Housing and Urban Renewal 

Housing Code 

Section 309(f) and (g), respectively, to be Section 309Cg) and Ch). 

respectively 
Baltimore Gty Code C1983 Replacement Volume, as amended) 

BY adding 

Article 13 - Housing and Urban Renewal 

Housing Code 

Section 3094e> IH 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL 
OF BALTIMORE, That Section(s) of the Baltimore Qty Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 13 - HOUSING AND URBAN RENEWAL 

Housing Code 

Chapter 3 - Notice; Emergencies; Correction of Violations; 
Collections and Liens; Administrative Review; Penalties 

309. Registration of residential property and designation of authorized 
agent for receipt of notices and court process. 

(d) The registration statement shall contain the following 
information: 

(1) A description of the premises by street number or 
otherwise, in such manner as to enable the Commissioner to find the 
same. 

(2) The name and address of the owner of record and of the 
managing operator if other than the owner and, in addition, if the 
owner is a corporation OR LIMITED PARTNERSHIP, the name and 
address of the resident agent thereof. If the owner is a partnership or 
other business entity, the statement shall further include the name and 
address and position of a responsible partner or officer. THE 
STATEMENT SHALL INCLUDE THE TELEPHONE NUMBER OF THE 
OWNER OR AND MANAGING OPERATOR, AND OF THE RESIDENT 



23 



Ord. No. 165 



AGENT IF THE OWNER IS A CORPORATION OR LIMITED 
PARTNERSHIP. 

(3) The name, TELEPHONE NUMBER, and bucinooD LOCAL 
address of a natural person 18 years of age or older, who is customarily 
present in an office in the city for the purposes of transacting business, 
or who actually resides within the city, who shall be designated by the 
owner as his authorized agent for receiving notices of violations and for 
receiving court process on behalf of such owner in connection with the 
enforcement of ordinances relating to [such units] DWELLING UNITS 
SUBJECT TO THIS SECTION. ENFORCEMENT SHALL INCLUDE 
PROCEEDINGS FOR THE COLLECTION OF LIENS. 

AN OWNER MAY DESIGNATE THE COMMISSIONER AS HIS 
LOCAL AGENT FOR RECEIVING NOTICES OF VIOLATIONS AND FOR 
RECEIVING COURT PROCESS. An owner who is a natural person and 
who meets the requirement of this subsection as to location of residence 
or place of transacting business, may designate himself as agent. For 
purposes of this subsection a post office box does not suffice as an 
address. The Commissioner must be notified within 10 days of any 
change in the [designated] managing operator or DESIGNATED agent. 
[Where the owner has failed to notiiy the Commissioner of a new 
authorized agent or has failed to file a new registration statement by 
September 1 of any year as required, service of violation notices and 
court process on the last registered authorized agent shall be legal and 
sufficient service on any owner until the Commissioner is notified of any 
change.] SERVICE ON A DESIGNATED LOCAL AGENT IS LEGAL AND 
SUFFICIENT SERVICE ON AN OWNER UNTIL THE OWNER 
DESIGNATES A NEW AGENT AND NOTIFIES THE COMMISSIONER. 

■t(e) The written registration statements required by this section 
shall be held as confidential records and shall not be open to the 
public^ . PROVIDED THAT THE COMMISSIONER SHALL FURNISH THE 
NAME, ADDRESS, AND TELEPHONE NUMBER OF THE OWNER OR 
OPERATOR OF A SPECIFIC PROPERTY UPON WRITTEN REQUEST BY 
THE OWNER OR RESIDENT OF A PROPERTY WITHIN A ONE BLOCK 
RADIUS OF THE SPECIFIED PROPERTY. OR UPON WRITTEN REQUEST 
BY THE NEIGHBORHOOD ASSOCL\TION FOR THE AREA IN WHICH 
THE PROPERTY IS LOCATED. 

SECTION 2. AND BE IT FURTHER ORDAINED. That Section(s) 
309Cf) and Cg), respectively, of Article 13 - Housing and Urban 



24 



I 



Ord. No. 165 



Renewal, Housing Code, of the Baltimore Gty Code be renumbered to 
be SectionCs) 309 (g) and (h), respectively. 

SECTION. 3. AND BE IT FURTHER ORDAINED. That SectionCs) of 
the Baltimore Gry Code (1983 Replacement Volume, as amended) be 
added, repealed, or amended, to read as follows: 

m- IQ EFFECT OF FAILURE TO DESIGNATE LOCAL AGENT. 

(1) IF AN OWNER FAILS TO FILE A REGISTRATION 
STATEMENT OR TO DESIGNATE A LOCAL AGENT FOR SERVICE OF 
PROCESS AND NOTICES, HE SHALL BE DEEMED TO HAVE 
AUTHORIZED THE COMMISSIONER AS HIS AGENT TO RECEIVE 
SERVICE OF LAWFUL NOTICE OR PROCESS IN ANY ENFORCEMENT 
PROCEEDING ARISING OUT OF CONDUCT IN VIOLATION OF THIS 
CODE OR RELATED CODES AND ORDINANCES, INCLUDING A 
PROCEEDING FOR THE COLLECTION OF OUTSTANDING LIENS 
AGAINST PROPERTY SUBJECT TO THIS SECTION. 

(2) SERVICE MAY BE MADE, BY THE COMMISSIONER OR 
OTHER PLAINTIFF, BY LEAVING A COPY OF THE PROCESS IN THE 
OFFICE OF THE COMMISSIONER, PROVIDED: 

(D NOTICE OF THE SERVICE AND A COPY OF THE 
PROCESS IS PROMPTLY EITHER SENT BY CERTIFIED MAIL, RETURN 
RECEIPT REQUESTED, OR HAND-DELIVERED: TO THE OWNER'S 
HOME OR BUSINESS ADDRESS, IF KNOWN, OR TO THE "MAIL-TO" 
ADDRESS LISTED IN THE BALTIMORE CITY TAX RECORDS FOR THE 
SUBJECT PROPERTY. IF THE LISTED ADDRESS IS A POST OFFICE 
BOX, THE NOTICE AND PROCESS MAY BE SENT BY REGULAR MAIL; 
AND 

(ID A PLAI>mFF'S AN AFFIDAVIT OF COMPLL^^CE 
WITH TmS^ SUBSECTION C2KD IS FILED IN THE RELEVANT 
PROCEEDING ON OR BEFORE THE RETURN DAY OR WITHIN ANY 
FURTHER TIME THE COURT ALLOWS. 

SEC. 2 4. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 1, 1993 

KURT L. SCHMOKE, Mayor 



25 



Ord. No. 166 

CITY OF BALTIMORE 

ORDINANCE NO. 166 

(Council Bill No. 305) 

AN ORDINANCE concerning 

LANDLORD/TENANT - 
RESPONSmiLITY FOR SANITARY MAINTENANCE 

FOR the purpose of providing that wh e r e the condition of certain 
r e sid e ntial pr e mis e s constitut e s a nuisanc e under certain 
conditions, if a tenant of residential property fails to comply with 
sanitary maintenance requirements, the owner of the premises is in 
violation of city la w; providing that the owner shall be issued a 
notice; and providing that the resulting costs incurred by the 
owner are recoverable from the tenant as rent . 

BY repealing and reordaining with amendments 
Article 13 - Housing and Urban Renewal 
Subtide - Housing Code 
Section 310(a) 
Baltimore Qty Code (1983 Replacement Volimie, as amended) 

Article 32 - Building Code 

Section 117.6 

Baltimore Qty Building Code (1990 Edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 13 - HOUSING AND URBAN RENEWAL 

Housing Code 

Chapter 3 - Notice; Emergencies; Correction of Violations; 
Collections and Liens; Administrative Review; Penalties 



26 



Ord. No. 166 



310. Responsibility for compliance with Code provisions. 

(a) Responsibility of owners and operators. Any person who 
is either an owner or operator of a property subject to this Code shall be 
responsible for compliance with all of the provisions of the Code. [No] 
HOWEVER, NO owner or operator shall be responsible for compUance 
with Chapter 9, "Responsibilities of Occupants", unless that person also 
is an occupant of the property; PROVIDED, HOWEVER, THAT WHERE 
AN OCCUPANT WHO IS NOT THE OWNER FAILS TO KEEP IN A 
CLEAN AND SANITARY CONDmON CORRECT A VIOLATION UNDER 
CHAPTER 9, "RESPONSIBILITIES OF OCCUPANTS", FOR THE 
UNCLEAN AT^ UNSANITARY CONDITION OF THE PREMISES WHICH 
HE OCCUPIES AND CONTROLS, AND THE CONDmON OF THE 
PREMISES CONSTITUTES A NUIS.^GE WHICH AFFECTS PUBLIC 
HEx^TH, SAFETY OR WELFARE OR THE ENJQYME^JT OF 
NEIGHBORING PROPERTY^ THE OWNER IS DEEMED TO BE 
MAINTAINING A STRUCTURE OR LAND IN VIOLATION OF THE 
PROVISIONS OF THIS CODE ; PROVIDED FURTHER, THAT THE 
OWNER, BEFORE BEING CHARGED WITH SUCH VIOLATION, SHALL 
BE ISSUED A NOTICE PURSUANT TO SECTION 301 OF THIS CODE. 
THE COSTS INCURRED BY THE OWNER AS A RESULT OF THE 
TENANTS FAILURE TO CORRECT SUCH VIOLATION SHALL BE 
RECOVERABLE FROM THE TENANT AS RENT AND THE OWNER 
SHALL HAVE ALL RIGHTS AND REMEDIES AVAILABLE UNDER LAW 
FOR THE NONPAYMENT THEREOF . Where, such as in Chapter 10, this 
Code states a responsibility to be that of the owner, it shall also be that 
of any person who is an operator of the property in his behalf. An 
owner shall be held Hable for all violations of this Code, in connection 
with any land, buildings, structure, or matter or thing owned or 
operated by him, and for any expenses incurred by the Mayor and Qty 
Council pursuant to Sections 302, 303, or 311 of this Code. 

SEC. Z BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section(s) of the Baltimore Qty Building Code (1990 
Edition, as amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 32 - BUILDING CODE 

Section 117.0 Violations 

117.6 Responsibility of owners and/or operators: Any owner and/or 
operator of any property covered by this code shall be responsible for 



27 



Ord. No. 166 



compliance with all provisions of this code in all matters or things 
pertaining directly or indirectly to such property. Such owner and/or 
operator shall be held liable for all violations of this code in connection 
with any land, building, structure, matter, or thing owned or controlled 
by the owner. However, an owner is solely responsible for compliance 
with any provision requiring an owner's signature. -fNo owner and/or 
operator shall be responsible for compliance with provisions of this code 
designated as the responsibility of the occupant, unless that owner 
and/or operator is also an occupant.} WHERE AN OCCUPANT WHO IS 
NOT THE OWNER FAILS TO VF i F i P TM A C LEAN AND SANITARY 
CO^JDmQN CORRECT A VIOLATION UNDER SECTIONS 104.4 AND 
104.5 FOR THE UNCLEAN AND UNSANITARY CONDITION OF THE 
PREMISES WHICH HE OCCUPIES AND CONTROLS, AND THE 
CONDmON OF THE PREMISES CONSTITUTES A NUISANCE WHICH 
AFFECTS PUBLIC HEALTH, SAFETY OR WELFARE OR THE 
EJ>JJOYME>rr OF NEIGHBORING PROPERTY, THE OWNER IS DEEMED 
TO BE MAINTAINING A STRUCTURE OR LAND IN VIOLATION OF THE 
PROVISIONS OF THIS CODE : PROVIDED THAT THE OWNER, BEFORE 
BEING CHARGED WITH SUCH VIOLATION, SHALL BE ISSUED A 
NOTICE PURSUANT TO SECTION 123.3 OF THIS CODE. THE COSTS 
INCURRED BY THE OWNER AS A RESULT OF THE TENANT'S FAILURE 
TO CORRECT SUCH VIOLATION SHALL BE RECOVERABLE FROM THE 
TENANT AS RENT AND THE OWNER SHALL HAVE ALL RIGHTS AND 
REMEDIES AVAILABLE UNDER LAW FOR THE NONPAYMENT 
THEREOF . 

In the event of a transfer, including a sale, assignment, ground rent 
lease (a lease creating an annual ground rent redeemable imder the 
laws of the State of Maryland), mortgage, or other transfer with or 
without consideration, of any land and/or building subject to a violation 
or condemnation notice, the owner/transferor, including a grantor, 
assignor, lessor, or mortgagor, shall furnish to the transferee, including 
a grantee, assignee, lessee, or mortgagee, prior to the transfer, a copy of 
any such violation or condemnation notice. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 1, 1993 

KURT L. SCHMOKE, Mayor 



28 



Ord. No. 167 

ENROLLED COPY 

CITY OF BALTIMORE 

ORDINANCE NO. 167 

(CoiincU BUI No. 306) 

AN ORDINANCE concerning 

BUILDING CODE - 
NOTICE REQUIREMENT FOR SANITATION CITATIONS 

FOR the purpose of removing the requirement of prior notice before a 
prepayable citation may be issued to an occupant or on-site 
op e rator owner for certain sanitary maintenance violations. 

BY repealing and reordaining with amendments 
Article 32 - Building Code 
Section 117.3.1 
Baltimore Qty Building Code (1990 Edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty 
Building Code (1990 Edition, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 32 - BUILDING CODE 

Section 117.0 Violations 

117.3.1 Sanitation citation proceedings: 

1. If a CONDITION EXISTS WHICH IS A violation of Sections 104.4 
or 104.5 [is not abated within the time specified in a violation notice], a 
prepayable citation may be issued WITHOUT PRIOR NOTICE TO AN 
OCCUPANT OR AN ON-SITE QPER.^TQR OWNER by a special 
enforcement officer in accordance with the provisions of Article 19, 
Sections 144 and 145 of the City Code. 

[2. If a violation of Sections 104.4 or 104.5 is abated within the 
time specified in a violation notice and the same person to whom the 
violation notice was issued is legally responsible for recurrence of the 



29 



Ord. No. 168 



same violation at the same address within 12 months following the date 
the violation notice was issued, a second violation notice may be issued. 
If the second violation notice is abated and the same person is legally 
responsible for recurrence of the same violation at the same address 
within 12 months following the date the first violation notice was 
issued, a prepayable citation may be issued without notice. 

3. If the same person is legally responsible for recurrence of the 
same violation at the same address within 12 months following the date 
a prior prepayable citation was issued, a prepayable citation may be 
issued without notice.] 

[4.] 2. After entry of disposition of a citation by the District Court, 
other than an entry of "not guilty", within a 12-month period following 
the date of entry, the amount of fine specified shall be doubled on any 
citation issued to the same person for recurrence of the same violation 
at the same address. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 1, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 168 

(CouncU BUI No. 310) 

AN ORDINANCE concerning 

BANCROFT PARK HISTORIC DISTRICT 

FOR the purpose of designating that area located within certain 

described boundaries the Bancroft Park Historical and Architectural 
Preservation District. 

BY adding 

Article 1 - Mayor, City Council, and Municipal Agencies 
Subtitie - Commission for Historical and Architectural 
Preservation 



30 



I 



Ord. No. 168 



Section 40(ss) 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 1 - MAYOR, CITY COUNCIL, AND MUNICIPAL AGENCIES 

Commission for Historical and Architectural Preservation 

40. Created; powers, duties. 

(SS) BANCROFT PARK HISTORICAL AND ARCHITECTURAL 
PRESERVATION DISTRICT. 

THE AREA LOCATED WITHIN THE BOUNDARIES SET FORTH IN 
THIS SUBSECTION IS HEREBY DECLARED TO BE A HISTORICAL AND 
ARCHITECTURAL PRESERVATION DISTRICT AND MAY BE REFERRED 
TO AS THE BANCROFT PARK HISTORICAL AND ARCHITECTURAL 
PRESERVATION DISTRICT: 

BEGINNING FOR THE SAME AT THE POINT FORMED BY THE 
INTERSECTION OF THE SOUTHEAST SIDE OF BANCROFT ROAD, 60 
FEET WIDE, AND THE SOUTHEAST SIDE OF CROSS COUNTRY 
BOULEVARD, 50 FEET WIDE, AND RUNNING THENCE BINDING ON 
THE SOUTHEAST SIDE OF SAID CROSS COUNTRY BOULEVARD, 
NORTHEASTERLY 69 FEET, MORE OR LESS; THENCE BINDING ON 
THE NORTHEAST OUTLINE OF NO. 3207 BANCROFT ROAD, 
SOUTHEASTERLY 259.6 FEET, MORE OR LESS; THENCE BINDING ON 
THE SOUTHEAST OUTLINES OF NOS. 3207 THRU 3301 BANCROFT 
ROAD, SOUTHWESTERLY 490 FEET, MORE OR LESS, TO A BEND IN 
THE SOUTHEAST OUTLINE OF NO. 3301 BANCROFT ROAD; THENCE 
BINDING IN PART ON THE SOUTHEAST OUTLINES ON NOS. 3301 
THRU 3315 BANCROFT ROAD, IN PART ON THE NORTHWEST 
OUTLINE OF NO. 6313 WIRT AVENUE, IN PART BY A STRAIGHT LINE 
CROSSING WIRT AVENUE, 50 FEET WIDE, IN PART ON THE 
SOUTHEAST OUTLINE OF NO. 6318 WIRT AVENUE, AND IN ALL, 
SOUTHWESTERLY 1,078 FEET, MORE OR LESS; THENCE BINDING ON 
THE SOUTHWEST OUTLINES OF NOS. 6318 AND 6320 WIRT AVENUE 
AND NO. 3415 BANCROFT ROAD, NORTHWESTERLY 493 FEET, MORE 
OR LESS; THENCE BINDING ON THE SOUTHEAST OUTLINES OF NOS. 



31 



Ord. No. 168 



3415 THRU 3505 BANCROFT ROAD, SOUTHWESTERLY 296 FEET, 
MORE OR LESS; THENCE BINDING ON THE SOUTHWEST OUTLINE 
OF NO. 3505 BANCROFT ROAD, NORTHWESTERLY 240 FEET, MORE 
OR LESS, TO INTERSECT THE SOUTHEAST SIDE OF SAID BANCROFT 
ROAD; THENCE BINDING ON THE SOUTHEAST SIDE OF SAID 
BANCROFT ROAD, SOUTHWESTERLY 94 FEET, MORE OR LESS, TO 
INTERSECT THE LINE OF THE SOUTHWEST OUTLINE OF NO. 3506 
BANCROFT ROAD, IF PROJECTED SOUTHEASTERLY; THENCE 
BINDING IN PART REVERSELY ON SAID LINE SO PROJECTED, IN 
PART ON THE SOUTHWEST OUTLINE OF NO. 3506 BANCROFT ROAD, 
AND IN ALL, NORTHWESTERLY 310 FEET, MORE OR LESS; THENCE 
BINDING ON THE NORTHWEST OUTLINES OF NOS. 3506 AND 3500 
BANCROFT ROAD, NORTHEASTERLY 328 FEET, MORE OR LESS, TO 
INTERSECT THE SOUTHWEST SIDE OF WALLIS AVENUE, 10 FEET 
WIDE; THENCE BINDING ON THE SOUTHWEST SIDE OF SAID WALLIS 
AVENUE, SOUTHEASTERLY 40 FEET, MORE OR LESS, TO INTERSECT 
THE NORTHWEST OUTLINE OF NO. 3418 BANCROFT ROAD, IF 
PROJECTED SOUTHWESTERLY; THENCE BINDING IN PART 
REVERSELY ON LAST SAID LINE SO PROJECTED, IN PART ON THE 
NORTHWEST OUTLINES OF NOS. 3418 AND 3414 BANCROFT ROAD, 
AND IN ALL, NORTHEASTERLY 264 FEET, MORE OR LESS; THENCE 
BINDING ON THE NORTH OUTLINE OF NO. 3414 BANCROFT ROAD, 
EASTERLY 67 FEET, MORE OR LESS, TO INTERSECT THE 
SOUTHWEST OUTLINE OF NO. 3410 BANCROFT ROAD; THENCE 
BINDING ON THE SOUTHWEST OUTLINE OF NO. 3410 BANCROFT 
ROAD, NORTHWESTERLY 249 FEET, MORE OR LESS; THENCE 
BINDING ON THE NORTH OUTLINES OF NOS. 3410 THRU 3314 
BANCROFT ROAD, EASTERLY 764 FEET, MORE OR LESS; THENCE 
BINDING ON THE WEST AND NORTH OUTLINES OF NO. 3314 
BANCROFT ROAD THE FIVE FOLLOWING COURSES AND DISTANCES; 
NAMELY, NORTHERLY 60 FEET, MORE OR LESS, EASTERLY 75 FEET, 
MORE OR LESS, NORTHERLY 15 FEET, MORE OR LESS, EASTERLY 5 
FEET, MORE OR LESS, AND NORTHERLY 125 FEET, MORE OR LESS, 
TO INTERSECT THE SOUTHEAST SIDE OF SAID CROSS COUNTRY 
BOULEVARD AND THENCE BINDING ON THE SOUTHEAST SIDE OF 
SAID CROSS COUNTRY BOULEVARD, NORTHEASTERLY 369 FEET, 
MORE OR LESS, TO THE PLACE OF BEGINNING. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 1, 1993 

KURT L. SCHMOKE, Mayor 



32 



i 



Old. No. 169 



CITY OF BALTIMORE 

ORDINANCE NO. 169 

(Council BUI No. 315) 

AN ORDINANCE concerning 

COMMISSION FOR HISTORICAL AND 
ARCHITECTURAL PRESERVATION 

FOR the purpose of altering the qualifications of members of the 

Commission; providing that vacancies on the Commission shall be 
filled within a certain time period; providing certain standards for 
evaluating proposed alterations to structures as required by Federal 
and State laws; and providing a severability clause. 

BY repealing and reordaining with amendments 

Article 1 - Mayor, Qty Council, and Municipal Agencies 
Subtide - Commission for Historical and Architectural 

Preservation 
Section 40(c)(1), 40(e), 40(q)(6) 
Baltimore Qty Code (1983 Replacement Volume, as amended) 

BY adding 

Article 1 - Mayor, City Council, and Municipal Agencies 
Subtitle - Commission for Historical and Architectural 

Preservation 
Section 40(v-i) 
Baltimore Qty Code (1983 Replacement Volume, as amended) 

WHEREAS, It is the intended purpose of this bill that these changes 
are for the purpose of qualifying Baltimore City as a Certified Local 
Government under the provisions of Article 66B, Section 8.01-8.15 of 
the Annotated Code of Maryland; now, therefore, be it 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 1 - MAYOR, CITY COUNCIL, AND MUNICIPAL AGENCIES 



33 



Ord. No. 169 

Commission for Historical and Architectural Preservation 

40. Created, powers; duties. 

(c) Commission members. (1) The Commission shall consist of 
eleven members to be appointed by the Mayor, [as follows: One] 
ALL MEMBERS MUST BE RESIDENTS OF BALTIMORE CITY AND MUST 
DEMONSTRATE A SPECLU INTEREST, KNOWLEDGE, OR TRAINING IN 
SUCH FIELDS AS HISTORY, ARCHITECTURE, PRESERVATION OR 
URBAN DESIGN. ONE MEMBER IS to be chosen from a list of two 
nominated by the Board of Trustees of the Baltimore Museum of Art; 
one from a list of two nominated by the Board of Trustees of the 
Municipal Museum of Baltimore; one from a list of two nominated by 
the Board of Trustees of the Walters Art Gallery; one from a list of two 
nominated by the Council of the Maryland Historical Society; one to be 
a member of the Baltimore Qty Council nominated by the President of 
that body; one to be an architect registered to practice his profession in 
the State of Maryland and actually practicing as such in the City of 
Baltimore; one to be a teacher of history in a recognized college or 
university located in the State of Maryland or an individual engaged as 
an historian by a nonprofit organization devoted to matters of historic 
interest; and four to be citizens [residing in the Qty of Baltimore] 
actively interested in civic improvement. 

(e) Vacancies. Any vacancy in the membership of the Commission 
caused by the expiration of a term or by the resignation, removal, 
death, or permanent absence from the Qty of Baltimore of an 
incumbent or by a superseding incapacity on his part, whether physical 
or mental, to discharge his duties, or by any other cause creating such a 
vacancy, either actual or in effect, shall be filled for a new term or for 
the remainder of the term of such incumbent, as the case may be, in the 
same manner as provided herein for the nomination and appointment of 
the first members of the Commission. Any member of the Commission 
shall be eligible for renomination and reappointment. ALL VACANCIES 
SHALL BE FILLED WITHIN 60 DAYS. 

(q) Procedure for altering a structure in a Preservation District or 
on a List. 

(6) In passing upon the appropriateness, the Commission shall 
consider, in addition to any other pertinent factors, the historic or 
architectural value and significance, architectural style, general design, 
arrangement, texture, material and color of the exterior architectural 



34 



Ord. No. 170 



features of other structures in the immediate neighborhood. THE 
COMMISSION SHALL ALSO CONSIDER THE LOCATION AND 
VISIBILITY OF THE PROPOSED STRUCTURE OR ALTERATION. THE 
HISTORIC OR ARCHITECTURAL VALUE AND SIGNIFICANCE OF THE 
STRUCTURE AND THE LOCATION OF THE PROPOSED ADDITION OR 
ALTERATION SHALL BE CONSIDERED BY THE COMMISSION IN 
DETERMINING WHETHER A STRICT OR LENIENT REVIEW OF THE 
PROPOSAL SHALL OCCUR. THE PUBLISHED HISTORIC 
PRESERVATION GUIDELINES SHALL ALSO BE CONSIDERED BY THE 
COMMISSION IN DETERMINING WHETHER THE PROPOSAL SHOULD 
BE APPROVED. 

(V-D SEVERABILITY. IF ANY PROVISION OF THIS SUBTITLE OR 
THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS 
HELD INVALID FOR ANY REASON IN A COURT OF COMPETENT 
JURISDICTION, THE INVALIDITY DOES NOT AFFECT OTHER 
PROVISIONS OR ANY OTHER APPLICATION OF THIS SUBTITLE 
WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION 
OR APPLICATION, AND FOR THIS PURPOSE THE PROVISIONS OF 
THIS SUBTITLE ARE DECLARED SEVERABLE. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 1, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 170 

(Council Bill No. 360) 

AN ORDINANCE concerning 

FOREST AND TREE CONSERVATION 

FOR the purpose of providing for a Baltimore Qty Forest and Tree 
Conservation Program, imposing certain requirements on any 
person making an application for grading or development of a 
parcel of land 20,000 square feet or greater, providing exceptions. 



35 



Ord. No. 170 



imposing penalties, and generally relating to the conservation of 
forests and trees. 

BY adding 

New Article 9A - Forest and Tree Conservation 

Sections 1-1 through 12-3 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

WHEREAS, By the provisions of the Natural Resources Article, Sec. 
5-1601-5-1612, Annotated Code of Maryland, the Mayor and Qty 
Council of Baltimore is required to adopt, and from time to time amend, 
a comprehensive local forest conservation program; and 

WHEREAS, The Mayor and Qty Council of Baltimore finds that the 
preservation, protection, and planting of trees aids in the stabilization of 
soil by the prevention of erosion and sedimentation; reduces stormwater 
runoff and the potential damage it may create; aids in the removal of 
pollutants from the air and assists in the generation of oxygen; provides 
a buffer and screen against noise and pollution; provides protection 
against severe weather; aids in the control of drainage and restoration 
of denuded soil subsequent to construction or grading; provides a haven 
for birds and other wildlife and otherwise enhances the environment; 
provides shade and shelter for people; protects and increases property 
values; conserves and enhances the Qt/s physical and aesthetic 
appearance; and generally protects the public health and safety as well 
as the general welfare; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 9A - FOREST AND TREE CONSERVATION 

TITLE 1 - DEFINITIONS 

1-1. DEFINITIONS AND STATUTE REFERENCES. 

IN THIS ORDINANCE THE FOLLOWING TERMS HAVE THE 
MEANINGS INDICATED. 

(A) "AFFORESTATION" MEANS: 



36 



Ord. No. 170 



(1) THE ESTABUSHMENT OF FOREST COVER ON AN AREA 
FROM WHICH IT HAS ALWAYS OR VERY LONG BEEN ABSENT, OR 

(2) THE PLANTING OF OPEN AREAS WHICH ARE NOT 
PRESENTLY IN FOREST COVER; AND 

(3) ESTABUSHMENT OF A FOREST ACCORDING TO 
PROCEDURES SET FORTH IN THE BALTIMORE CITY FOREST 
CONSERVATION MANUAL. 

CB) "BALTIMORE CITY FOREST CONSERVATION MANUAL" 
(MANUAL) INCLUDES THE STATE FOREST CONSERVATION MANUAL 
AND THE BALTIMORE CITY FOREST CONSERVATION SUPPLEMENT 
TO THE STATE FOREST CONSERVATION MANUAL. 

(Q "CHAMPION TREE" MEANS THE LARGEST TREE OF ITS 
SPECIES WITHIN THE UNITED STATES, THE STATE, COUNTY, OR 
MUNICIPALny, AS DETERMINED PURSUANT TO THE CRTITJUA SET 
FORTH IN THE BALTIMORE CITY FOREST CONSERVATION MANUAL. 

CD) "CLEAR" MEANS REMOVAL OF ANY WOODY PLANT, 
WHEREIN THE STUMP AND ROOT MASS ARE PHYSICALLY REMOVED. 

(E) "COMMERCLU LOGGING OR TIMBER HARVESTING 
OPERATIONS" MEANS THOSE ACTIVmES WHICH RESULT IN THE 
CUTTING AND REMOVING OF TREE STEMS FROM A SITE FOR 
COMMERCIAL PURPOSES, LEAVING THE ROOT MASS INTACT. 

(F) "CUT MEANS THE REMOVAL OF A WOODY PLANT, 
WHEREIN THE STUMP AND ROOT MASS REMAIN IN PLACE AND 
INTACT. 

(G) "DECLARATION OF INTENr MEANS A DOCUMENT WHOSE 
PURPOSE IS TO VERIFY THAT THE PROPOSED ACTIVITY IS EXEMPT 
UNDER THE PROVISIONS OF THE NATURAL RESOURCES ARTICLE 
AND THIS ARTICLE. 

(H) "DEPARTMENT' MEANS THE BALTIMORE CITY 
DEPARTMENT OF PLANNING. 

(D TORESr INCLUDES: 



37 



Ord. No. 170 



(1) A BIOLOGICAL COMMUNITY DOMINATED BY TREES 
AND OTHER WOODY PLANTS COVERING A LAND AREA OF 4000 
SQUARE FEET OR GREATER. THIS AREA MUST HAVE A LIVE TREE 
DENSITY OF AT LEAST 100 TREES PER ACRE WITH AT LEAST 50% 
OF THOSE TREES HAVING A 2 INCH OR GREATER DL\METER AT 4.5 
FEET ABOVE THE GROUND; 

(2) AREAS THAT HAVE BEEN CUT, BUT NOT CLEARED; 
AND 

(3) "FORESr DOES NOT INCLUDE ORCHARDS OR 
CHRISTMAS TREE PLANTATIONS. 

(J) TOREST CONSERVATION" MEANS THE RETENTION OF 
EXISTING FOREST OR THE CREATION OF NEW FOREST AS 
PRESCRIBED BY THE DEPARTMENT OF PLANNING AND THE 
BALTIMORE CITY FOREST CONSERVATION MANUAL. 

(K) "FOREST CONSERVATION PLAN" MEANS A PLAN APPROVED 
PURSUANT TO TITLES 3, 5, AND 6 OF THIS ARTICLE AND THE 
REQUIREMENTS OF THE BALTIMORE CITY FOREST CONSERVATION 
MANUAL. 

(L) "FOREST STAND DELINEATION" MEANS THE DESCRIPTION 
OF THE EXISTING VEGETATION ON A SITE PROPOSED FOR 
DEVELOPMENT, PREPARED ACCORDING TO THE REQUIREMENTS OF 
THE BALTIMORE CITY FOREST CONSERVATION TECHNICAL MANUAL 
AND THIS ARTICLE. 

(M) "FORESTED SLOPE" MEANS AN AREA WHICH MEETS THE 
DEFINITION OF FOREST, GROWING ON AN AREA WITH A SLOPE OF 
25 PERCENT OR MORE. 

(N) "OFF-SITE" MEANS NOT ON THE SAME PROPERTY AS THE 
ACTIVny WHICH IS PROPOSED, IS OCCURRING, OR WHICH HAS 
OCCURRED. 

(O) "ON-SITE" MEANS THE AREA LOCATED WITHIN THE LEGAL 
BOUNDARY OF THE PROPERTY ON WHICH THE REGULATED 
ACTIVITY IS PROPOSED, IS OCCURRING, OR HAS OCCURRED. 

(P) "PERSON" INCLUDES THE FEDERAL GOVERNMENT, THE 
STATE, ANY COUNTY, MUNICIPAL CORPORATION, OR OTHER 
POLITICAL SUBDIVISION OF THE STATE, OR ANY OF THEIR UNITS, 



38 



Ord. No. 170 



OR AN INDIVIDUAL, RECEIVER, TRUSTEE, GUARDIAN, EXECUTOR, 
ADMINISTRATOR, FIDUCIARY, OR REPRESENTATIVE OF ANY KIND, 
OR ANY PARTNERSHIP, FIRM, ASSOCIATION, PUBLIC OR PRIVATE 
CORPORATION, OR ANY OF THEIR AFFHJATES, OR ANY OTHER 
ENTITY. 

(Q) llEFORESr OR "REFORESTATION" MEANS TO CREATE A 
BIOLOGICAL COMMUNITY DOMINATED BY TREES AND OTHER 
WOODY PLANTS CONTAINING AT LEAST 100 TREES PER ACRE WITH 
AT LEAST 50% OF THOSE TREES HAVING THE POTENTL\L OF 
ATTAINING A 2 INCH OR GREATER DL^METER MEASURED AT 4.5 
FEET ABOVE THE GROUND WITHIN 5 YEARS AND INCLUDES 
AFFORESTATION OR ESTABUSHMENT OF A FOREST ACCORDING TO 
PROCEDURES SET FORTH IN THE BALTIMORE CITY FOREST 
CONSERVATION MANUAL. 

(R) 'TIEGULATED ACTIVITr MEANS ANY ACnVITY SUBJECT TO 
THE REQUIREMENTS OF SECTION 2(A) OF THIS ARTICLE. 

(S) "RETENTION" MEANS THE DELIBERATE HOLDING AND 
PROTECTING OF EXISTING TREES, SHRUBS OR PLANTS ON THE SITE 
ACCORDING TO ESTABUSHED STANDARDS IN THE BALTIMORE CITY 
FOREST CONSERVATION MANUAL. 

(T) TIMBER HARVESTING" MEANS A TREE CUTTING 
OPERATION AFFECTING ONE OR MORE ACRES OF FOREST OR 
DEVELOPED WOODLAND WITHIN A ONE YEAR INTERVAL THAT 
DISTURBS 5.000 SQUARE FEET OR MORE OF FOREST FLOOR. 
TIMBER HARVESTING DOES NOT INCLUDE GRUBBING AND 
CLEARING OF ROOT MASS. 

(U) TRACT MEANS PROPERTY OR LAND UNIT SUBJECT TO AN 
APPLICATION FOR A GRADING OR SEDIMENT CONTROL PERMIT, 
SUBDIVISION APPROVAL, SITE PLAN APPROVAL, OR ANY AREA 
SUBJECT TO THIS ARTICLE. 

(V) "TREE" MEANS A LARGE, WOODY PLANT HAVING 1 OR 
SEVERAL SELF-SUPPORTING STEMS OR TRUNKS AND NUMEROUS 
BRANCHES THAT REACH A HEIGHT OF AT LEAST 20 FEET AT 
MATURITY. 

CW) "UNDERSTORY" MEANS HERBACEOUS AND WOODY PLANTS 
GROWING UNDER THE TREE CANOPY OR OVERSTORY. 



39 



Ord. No. 170 



CX) 'VARIANCE" MEANS THE PROCESS OF OBTAINING 
APPROVAL FOR A FOREST CONSERVATION PLAN THAT DOES NOT 
STRICTLY CONFORM TO THE STANDARDS AND REQUIREMENTS SET 
FORTH IN THIS ARTICLE. 

1-2. STATUTE REFERENCES. 

(A) WHENEVER A PROVISION OF THIS ARTICLE REFERS TO ANY 
PORTION OF THE MARYLAND CODE, CODE OF MARYLAND 
REGULATIONS, AND THE STATE FOREST CONSERVATION MANUAL, 
THE REFERENCE APPLIES TO ANY SUBSEQUENT AMENDMENT TO 
THAT PORTION OF THE CODE, REGULATIONS, OR MANUAL UNLESS 
THE REFERRING PROVISION EXPRESSLY PROVIDES OTHERWISE. 

TITLE 2 - APPLICATION 

2-1. EXCEPT AS PROVIDED IN SECTION 2.2 OF THIS TITLE, THE 
ARTICLE APPLIES TO: 

(A) ANY PERSON MAKING APPLICATION FOR A GRADING OR 
SEDIMENT AND EROSION CONTROL PERMIT ON A PARCEL OF LAND 
20,000 SQUARE FEET OR GREATER. 

(B) ANY PERSON MAKING APPLICATION FOR A SUBDIVISION OR 
DEVELOPMENT PLAN ON A PARCEL OF LAND GREATER THAN 20,000 
SQUARE FEET. 

(Q ANY PERSON APPLYING AFTER JANUARY 1, 1993, FOR 
SUBDIVISION OR SITE PLAN APPROVAL LESS THAN 5 YEARS AFTER 
THE AREA HAS BEEN CUT. 

(D) A PUBLIC UTILny NOT EXEMPT UNDER SECTION 2.2(Q OF 
THIS TITLE. 

2-2. THIS ARTICLE DOES NOT APPLY TO: 

(A) ANY HIGHWAY CONSTRUCTION ACTIVITY THAT IS SUBJECT 
TO THE NATURAL RESOURCES ARTICLE, SECTION 5-103, 
ANNOTATED CODE OF MARYLAND; 

(B) COMMERCLU LOGGING AND TIMBER HARVESTING 
OPERATIONS, SUBJECT TO THE FOREST CONSERVATION AND 



40 



I 



Ord. No. 170 



MANAGEMENT PROGRAM UNDER THE TAX PROPERTY ARTICLE, SEC. 
8-211, ANNOTATED CODE OF MARYLAND: 

(1) THAT WERE COMPLETED BEFORE JULY 1, 1991; OR 

(2) WERE COMPLETED ON OR AFTER JULY, 1991 ON 
PROPERTY WHICH: 

(D IS THE SUBJECT OF A DECLARATION OF INTENT 
SIGNED BY THE LAND OWNER AND APPROVED BY THE 
DEPARTMENT OF PUBLIC WORKS AND THE MARYLAND 
DEPARTMENT OF NATURAL RESOURCE'S PROJECT FORESTER'S 
OFFICE AS PROVIDED IN COMAR 08.19.01.05; AND 

(U) HAS NOT BEEN THE SUBJECT OF AN 
APPLICATION FOR A GRADING PERMIT FOR DEVELOPMENT WITHIN 
FIVE YEARS AFTER A LOGGING OR TIMBER HARVESTING 
OPERATION, BUT AFTER THIS 5-YEAR PERIOD THE PROPERTY SHALL 
BE SUBJECT TO THIS TITLE; 

(Q THE CUTTING OR CLEARING OF PUBLIC UTILITY RIGHTS- 
OF-WAY OR LAND FOR ELECTRIC GENERATING STATIONS LICENSED 
UNDER ARTICLE 78, SECTIONS 54A, 54B OR 54-1 OF THE MARYLAND 
CODE IF: 

(1) REQUIRED CERTIFICATES OF PUBLIC CONVENIENCE 
AND NECESSITY HAVE BEEN ISSUED IN ACCORDANCE 
WITH NATURAL RESOURCES ARTICLE, SECTION 5-1603(F), 
ANNOTATED CODE OF MARYLAND; AND 

(2) THE CUTTING OR CLEARING OF THE FOREST IS 
CONDUCTED SO AS TO MINIMIZE THE LOSS OF FOREST; 

(D) ROUTINE MAINTENANCE OR EMERGENCY REPAIRS OF 
PUBLIC UTILITY RIGHTS-OF-WAY, IF: 

(1) THE RIGHT-OF-WAY EXISTED BEFORE THE 
EFFECTIVE DATE OF THE STATE OR THIS PROGRAM; OR 

(2) THE RIGHT-OF-WAYS INHTAL CONSTRUCTION WAS 
APPROVED UNDER THIS ARTICLE; 



41 



Ord. No. 170 



(E) ANY NONCOAL SURFACE MINING REGULATED UNDER TITLE 
7, SUBTITLE 6A OF THE NATURAL RESOURCES ARTICLE, 
ANNOTATED CODE OF MARYLAND; 

(F) ANY PRELIMINARY PLAN OF SUBDIVISION OR ANY GRADING 
OR SEDIMENT CONTROL PLAN APPROVED BEFORE JULY 1, 1991; 

(G) AREAS COVERED BY THE CHESAPEAKE BAY CRITICAL AREA 
PROTECTION LAW; 

(H) A REAL ESTATE TRANSFER TO PROVIDE A SECURITY, 
LEASEHOLD, OR OTHER LEGAL OR EQUITABLE INTEREST, 
INCLUDING A TRANSFER OF TITLE, A PORTION OF A LOT OR 
PARCEL, IF: 

(D THE TRANSFER DOES NOT INVOLVE A CHANGE IN 
LAND USE OR NEW DEVELOPMENT OR DEVELOPMENT, 
WITH ASSOCL\TED LAND DISTURBING ACnVITIES, AND 

(ID BOTH THE GRANTOR AND GRANTEE FILE A 
DECLARATION OF INTENT; 

(D ANY ACTIVITY CONDUCTED ON A SINGLE LOT OF ANY SIZE 
PROVIDED THAT THE ACTIVITY: 

(I) DOES NOT RESULT IN THE CUMULATIVE CUTTING OR 
CLEARING OF 20,000 SQUARE FEET OR GREATER OF 
FOREST; 

(ID DOES NOT INCLUDE AN APPLICATION FOR A GRADING 
OR SEDIMENT AND EROSION CONTROL PERMIT FOR 
DISTURBANCE OF 20,000 SQUARE FEET OR GREATER; 

(J) AN ACTIVITY REQUIRED FOR THE PURPOSE OF 
CONSTRUCTING A DWELLING HOUSE INTENDED FOR THE USE OF 
THE OWNER, OR A CHILD OR A GRANDCHILD OF THE OWNER, IF 
THE ACTIVnY: 

(D DOES NOT RESULT IN THE CUMULATIVE CUTTING OR 
CLEARING OF 20,000 SQUARE FEET OR GREATER OF 
FOREST; 



42 



Ord. No. 170 



(ID DOES NOT INCLUDE AN APPLICATION FOR A GRADING 
OR SEDIMENT AND EROSION CONTROL PERMIT OF 20,000 
SQUARE FEET OR GREATER; AND 

(IID IS THE SUBJECT OF A DECLARATION OF INTENT FILED 
WTTH THE DEPARTMENT PURSUANT TO SECTION 3G OF 
THIS ARTICLE. 

TFTLE 3 - GENERAL REQUIREMENTS 

3-1. ANY PERSON SUBJECT TO THIS ORDINANCE: 

(A) SHALL SUBMIT TO THE DEPARTMENT: 

(1) A FOREST STAND DELINEATION FOR THE PROPERTY 
ON WHICH THE DEVELOPMENT IS LOCATED ACCORDING TO 
GUIDELINES SET FORTH IN THE BALTIMORE CTTY FOREST 
CONSERVATION MANUAL AND THIS ARTICLE; 

(2) A FOREST CONSERVATION PLAN FOR THE PROPERTY 
ON WHICH THE DEVELOPMENT IS LOCATED ACCORDING TO 
GUIDELINES SET FORTH IN THE MANUAL AND THIS ARTICLE; 

(B) SHALL USE METHODS PROVIDED IN THE MANUAL TO 
PROTECT RETAINED FOREST AND TREES DURING CONSTRUCTION; 
AND 

(Q IF A CTTY AGENCY USING STATE FUNDS MAKES 
APPLICATION TO CONDUCT A REGULATED ACnVITY, THE 
PROVISIONS OF COMAR 08.19.04.01D-G APPLY. 

3-2. THE FOREST STAND DELINEATION, THE FOREST 
CONSERVATION PLAN, INCLUDING PRELIMINARY AND FINAL PLAN, 
AND TliE AFFORESTATION PLAN SHALL BE PREPARED BY A 
LICENSED FORESTER, LICENSED LANDSCAPE ARCHFTECT, OR OTHER 
QUALIFIED PROFESSIONAL AS PROVIDED IN COMAR 08.19.06.01B. 

3-3. THE DEPARTMENT SHALL REVIEW AN APPLICATION FOR A 
FOREST STAND DELINEATION, FORESTATION AND DEFORESTATION 
PLANS, AND PRELIMINARY AND FINAL FOREST CONSERVATION 
PLANS TO DETERMINE WHETHER THEY ARE COMPLETE AND 
CORRECT, AND SHALL ACKNOWLEDGE RECEIPT OF THE 
APPLICATION IN WRPTING BY REGULAR FIRST CLASS MAIL. 



43 



Ord. No. 170 



3-4. THE DEPARTMENT SHALL CONSIDER A FOREST STAND 
DELINEATION, AND PRELIMINARY AND FINAL FOREST 
CONSERVATION PLANS AND AFFORESTATION PLANS COMPLETE IF 
THEY CONTAIN ALL OF THE REQUIRED INFORMATION LISTED IN 
THE BALTIMORE CITY FOREST CONSERVATION MANUAL. 

3-5. NOTIFICATION OF COMPLETENESS. 

(A) WITHIN 45 CALENDAR DAYS AFTER RECEIPT OF THE 
FOREST STAND DELINEATION, AND THE PRELIMINARY AND FINAL 
FOREST CONSERVATION PLANS, AND THE AFFORESTION PLAN, THE 
DEPARTMENT SHALL NOTIFY THE APPLICANT BY MAIL WHETHER 
THE APPUCATION IS COMPLETE AND CORRECT OR IF ADDITIONAL 
INFORMATION IS REQUIRED. 

(B) IF THE DEPARTMENT FAILS TO NOTIFY THE APPLICANT 
WITHIN 45 DAYS, ANY PLAN SUBMITTED SHALL BE TREATED AS 
COMPLETE AND CORRECT. 

(Q THE DEPARTMENT MAY REQUIRE FURTHER INFORMATION 
OR PROVIDE FOR AN ADDITIONAL FIFTEEN CALENDAR DAYS FOR 
REVIEW OF AN APPLICATION UNDER EXTENUATING 
CIRCUMSTANCES. 

3-6. AUTHORIZED SIGNATORY. 

(A) THE FOREST STAND DELINEATION, PRELIMINARY AND 
FINAL FOREST CONSERVATION PLANS AND 
AFFORESTATION/REFORESTATION PLANS SHALL BE SIGNED BY: 

(1) AN OFFICER OF THE CORPORATION OR AN 
AUTHORIZED AGENT OF A CORPORATION; 

(2) AN AUTHORIZED OFFICL^J. OF A FEDERAL, STATE OR 
LOCAL GOVERNMENT; 

(3) A PARTNER OF AN ASSOCL\TION OR PARTNERSHIP; OR 

(4) AN INDIVIDUAL APPLICANT. 

(B) THE INDIVIDUAL WHO SIGNS AN APPLICATION IS 
RESPONSIBLE FOR THE TRUTH, ACCURACY, AND COMPLETENESS OF 
ALL INFORMATION IN THE APPLICATION. 



44 



Ord. No. 170 



3-7. DECLARATION OF INTENT. 

(A) A PERSON SEEKING AN EXEMPTION UNDER SECTION 2-2 OF 
THIS ARTICLE SHALL FILE A DECLARATION OF INTENT WITH THE 
DEPARTMENT. 

(B) THE DECLARATION OF INTENT SHALL BE AS SPECIFIED IN 
COMAR 08.19.01.05. 

(Q THE DECLARATION OF INTENT IS EFFECTIVE FOR 5 YEARS. 

3-8. IF A PERSON IS APPLYING FOR A GRADING OR SEDIMENT AND 
EROSION CONTROL PERMIT OF AN AREA BETWEEN 20,000 SQUARE 
FEET AND 40,000 SQUARE FEET IN SIZE, ONLY THE AREA OF 
DISTURBANCE IS SUBJECT TO REFORESTATION AND 
AFFORESTATION CALCULATIONS. 

TITLE 4 - FOREST STAND DELINEATION 

4-1. TIME FOR SUBMITTAL. 

(A) A FOREST STAND DELINEATION FOR THE AFFECTED TRACT 
SHALL BE SUBMITTED: 

(1) AT THE INmAL STAGES OF SUBDIVISION OR SITE 
PLAN APPROVAL; 

(2) BEFORE A GRADING PERMIT APPLICATION IS 
SUBMITTED; OR 

(3) BEFORE A SEDIMENT AND EROSION CONTROL 
APPLICATION IS SUBMITTED. 

(B) IF THE FOREST STAND DELINEATION IS NOT SUBMITTED 
AT THIS TIME, NO ACTION WILL BE TAKEN ON THE APPLICATION 
REQUEST. 

4-2. A SIMPLIFIED FOREST STAND DELINEATION MAY BE 
SUBMITTED FOR AN AREA: 

(A) WHEN NO FOREST COVER WILL BE DISTURBED DURING 
ANY CONSTRUCTION ACTIVITY; 



45 



Ord. No. 170 



(B) WHEN AN AREA IS DESIGNATED TO BE PROTECTED UNDER 
A LONG TERM PROTECTIVE AGREEMENT; 

(Q WHEN THERE IS NO EXISTING FOREST ON THE SITE; OR 

(D) WHEN APPROVED BY THE DEPARTMENT. 

4-3. THE DEPARTMENT SHALL CONSIDER A SIMPLIFIED FOREST 
STAND DELINEATION COMPLETE IF IT INCLUDES: 

(A) A TOPOGRAPHIC MAP DELINEATING INTERMITTENT AND 
PERENNLflJ. STREAMS AND STEEP SLOPES OVER 25 PERCENT; 

(B) A SOILS MAP; 

(Q LOCATION OF 100 YEAR FLOODPLAIN; AND 

(D) ANY OTHER INFORMATION NECESSARY FOR THE 
DEPARTMENT TO REVIEW THE APPLICATION. 

4-4. AN APPROVED FOREST STAND DELINEATION MAY REMAIN IN 
EFFECT FOR A PERIOD NOT LONGER THAN FIVE YEARS. 

TITLE 5 - PRELIMINARY FOREST CONSERVATION PLAN 
SUBMITTAL PROCEDURES. 

5-1. THE REVIEW OF A PRELIMINARY FOREST CONSERVATION PLAN 
SHALL BE CONCURRENT WITH THE REVIEW OF THE PRELIMINARY 
SITE PLAN. 

5-2. A PRELIMINARY FOREST CONSERVATION PLAN MAY BE 
MODIFIED DURING THE DIFFERENT STAGES OF THE REVIEW 
PROCESS, PROVIDED THE DEPARTMENT APPROVES THE CHANGES. 

TITLE 6 - FINAL FOREST CONSERVATION PLAN SUBMITTAL 
PROCEDURES. 

6-1. IN DEVELOPING A FOREST CONSERVATION PLAN, THE 
APPLICANT SHALL GIVE PRIORITY TO TECHNIQUES FOR RETAINING 
EXISTING FOREST ON THE SITE. IF EXISTING FOREST ON THE SITE 
SUBJECT TO A FOREST CONSERVATION PLAN CANNOT BE 
RETAINED, THE APPLICANT SHALL DEMONSTRATE TO THE 



46 



Ord. No. 170 



SATISFACTION OF THE DEPARTMENT HOW TECHNIQUES FOR 
RETENTION HAVE BEEN EXHAUSTED. 

6-2. THE DEPARTMENT, ITS DESIGNEE OR OTHER RESPONSIBLE 
AGENCY, AT THE REQUEST OF THE DEPARTMENT, MAY REVOKE AN 
APPROVED FOREST CONSERVATION PLAN INCLUDING A 
REFORESTATION AND AFFORESTATION PLAN, IF IT FINDS THAT: 

(A) ANY PROVISION OF THE PLAN HAS BEEN VIOLATED; 

(B) APPROVAL OF THE PLAN WAS OBTAINED THROUGH 
FRAUD, MISREPRESENTATION, A FALSE OR MISLEADING 
STATEMENT, OR OMISSION OF A RELEVANT OR MATEIUAL FACT; OR 

(Q CHANGES IN THE DEVELOPMENT OR IN THE CONDITION 
OF THE SITE NECESSITATE PREPARATION OF A NEW OR AMENDED 
PLAN. 

6-3. PRIOR TO REVOKING APPROVAL OF A FOREST CONSERVATION 
PLAN, THE DEPARTMENT SHALL NOTIFY THE OWNER AND/OR 
DEVELOPER IN WRITING AND PROVIDE AN OPPORTUNITY FOR 
HEARING BEFORE THE BALTIMORE CITY PLANNING COMMISSION. 

6-4. IF A FOREST CONSERVATION PLAN IS REQUIRED BY THIS 
ARTICLE, A PERSON SHALL NOT CUT, CLEAR, OR GRADE ON THE 
DEVELOPMENT SITE UNTIL THE DEPARTMENT HAS APPROVED THE 
PLAN. 

6-5. THE PLAN CANNOT BE ALTERED WITHOUT FIRST OBTAINING 
APPROVAL FROM THE DEPARTMENT. 

TITLE 7 - REFORESTATION AND AFFORESTATION 

7-1. AFTER EVERY REASONABLE EFFORT TO MINIMIZE THE 
CUTTING OF TREES AND OTHER WOODY PLANTS IS EXHAUSTED IN 
THE DEVELOPMENT OF A SUBDIVISION PLAN, AND/OR GRADING 
AND SEDIMENT CONTROL PLANS, THE FOREST CONSERVATION 
PLAN SHALL PROVIDE FOR REFORESTATION OR AFFORESTATION. 

7-2. THE REQUIRED SEQUENCE FOR REFORESTATION OR 
AFFORESTATION, AFTER TECHNIQUES FOR RETAINING EXISTING 
FOREST ON THE SITE HAVE BEEN EXHAUSTED, IS AS FOLLOWS: 



47 



Ord. No. 170 



(A) ON-SITE REFORESTATION OR AFFORESTATION, AS 
SPECIFIED IN THE BALTIMORE CITY FOREST CONSERVATION 
MANUAL; 

(B) OFF-SITE REFORESTATION OR AFFORESTATION WITHIN 
THE CITY SHALL BE AS SPECIFIED FOR ON SITE REFORESTATION; 
AND 

(Q PAYMENT INTO THE CITY FOREST CONSERVATION FUND. 

7-3. (A) PERSONS REQUIRED TO CONDUCT REFORESTATION OR 
AFFORESTATION SHALL FOLLOW THE PRIORITY GUIDELINES 
OUTLINED IN THE BALTIMORE CITY FOREST CONSERVATION 
MANUAL. 

(B) A PERSON REQUIRED TO CONDUCT REFORESTATION OR 
AFFORESTATION UNDER THIS ARTICLE SHALL ACCOMPLISH THE 
ACTION WITHIN 1 YEAR OR 2 GROWING SEASONS FOLLOWING THE 
ISSUANCE OF A GRADING PERMIT, ALLOWING FOR PHASING IN THE 
PLAN. 

TITLE 8 - FOREST CONSERVATION FUND 

8-1. IF NEITHER REFORESTATION NOR AFFORESTATION IS 
POSSIBLE, THE APPLICANT MAY MAKE PAYMENT INTO THE FOREST 
CONSERVATION FUND. PAYMENT MAY BE ACCEPTED INTO THE 
CONSERVATION FUND UNDER THE FOLLOWING CIRCUMSTANCES: 

(A) REFORESTATION OR AFFORESTATION ON SITE IS 
TECHNICALLY INFEASBLE; AND 

(B) AN ACCEPTABLE REFORESTATION OR AFFORESTATION 
SITE CANNOT BE FOUND ON OTHER LAND WITHIN BALTIMORE 
CITY. 

TITLE 9 - PAYMENT IN LIEU OF REFORESTATION 

9-1. THERE IS HEREBY CREATED A BALTIMORE CITY FOREST 
CONSERVATION FUND. 

9-2. A PERSON PERMITTED BY TITLE 8 OF THIS ARTICLE TO 
CONTRIBUTE TO THIS FUND IN LIEU OF REFORESTATION OR 
AFFORESTATION SHALL MAKE A PAYMENT TO THE BALTIMORE CITY 
CONSERVATION FUND OF 30<t) PER SQUARE FOOT OF THE AREA 
REQUIRING PLANTING. 



48 



Ord. No. 170 



9-3. MONEY CONTRIBUTEX) IN LEU OF REFORESTATION SHALL BE 
PAID AT THE TIME OF THE ISSUANCE OF THE GRADING PERMIT 
FOR THE DEVELOPMENT PROJECT. 

9-4. THE CITY SHALL ACCOMPUSH THE REFORESTATION OR 
AFFORESTATION FOR WHICH THE MONEY IS DEPOSITED WTFHIN 2 
YEARS OR 3 GROWING SEASONS, AS APPROPRIATE, AFTER RECEIPT 
OF THE MONEY. AT THE END OF THAT TIME, ANY PART THAT HAS 
NOT BEEN USED TO MEET THE AFFORESTATION OR 
REFORESTATION REQUIREMENTS SHALL BE RETURNED TO THE 
PERSON WHO PROVIDED THE MONEY. 

9-5. MONEY CONTRIBUTED UNDER THIS TITLE: 

(A) MAY BE USED ONLY FOR REFORESTATION, INCLUDING 
SITE IDENTIFICATION, ACQUISITION, PREPARATION, MANAGEMENT 
AND MAINTENANCE; 

CB) SHALL BE DEPOSITED IN A SEPARATE FOREST 
CONSERVATION FUND; 

(Q SHALL NOT REVERT TO THE GENERAL FUND; AND 

(D) SITES SELECTED FOR USE OF FUNDS SHALL BE LOCATED 
IN THE CITY OF BALTIMORE. 

TITLE 10 - FINANCLU SECURITY FOR 
AFFORESTATION AND REFORESTATION 

10-1. BONDING. A PERSON REQUIRED TO CONDUCT 
AFFORESTATION OR REFORESTATION UNDER THIS ARTICLE SHALL 
FURNISH FINANCLU SECURTTY IN THE FORM OF A BOND, AN 
IRREVOCABLE LETTER OF CREDIT, OR OTHER SECURITY APPROVED 
BY THE DEPARTMENT AS PROVIDED IN THE BALTIMORE CITY 
CONSERVATION SUPPLEMENT TO THE STATE CONSERVATION 
MANUAL. 

TITLE 11 - VARL^NCES 

11-1. VARIANCES FROM THIS ORDINANCE MAY BE GRANTED BY 
THE PLANNING COMMISSION, IF THE APPLICANT DEMONSTRATES 



49 



Ord. No. 170 



THAT ENFORCEMENT WOULD RESULT IN UNWARRANTED 
HARDSHIP TO THE APPLICANT. 

11-2. AN APPLICANT FOR A VAIUANCE SHALL: 

(A) DESCRIBE THE SPECL^L CONDITIONS PECULL\R TO THE 
PROPERTY WHICH WOULD CAUSE THE UNWARRANTED HARDSHIP; 

(B) DESCRIBE HOW ENFORCEMENT OF THESE RULES WILL 
DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY 
OTHERS IN SIMILAR AREAS; 

(Q VERIFY THAT THE GRANTING OF THE VARIANCE WILL NOT 
CONFER ON THE APPLICANT A SPECIAL PRIVILEGE THAT WOULD BE 
DENIED TO OTHER APPLICANTS; 

(D) VERIFY THAT THE VAIUANCE REQUEST IS NOT BASED ON 
CONDITIONS OR CIRCUMSTANCES WHICH ARE THE RESULT OF 
ACTIONS BY THE APPLICANT; 

(E) VERIFY THAT THE REQUEST DOES NOT ARISE FROM A 
CONDITION RELATING TO LAND OR BUILDING USE, EITHER 
PERMITTED OR NONCONFORMING, ON A NEIGHBORING PROPERTY; 
AND 

(F) SUCH OTHER CRITERL\ THAT THE PLANNING COMMISSION 
MAY SET BY RULE AND REGULATION. 

TITLE 12 - PENALTIES 

12-1. (A) THE PROVISIONS OF THIS ARTICLE SHALL BE ENFORCED 
BY THE COMMISSIONER OF THE DEPARTMENT OF HOUSING AND 
COMMUNITY DEVELOPMENT IN THE MANNER PROVIDED IN 
SECTION 110.1 OF THE BALTIMORE CITY BUILDING CODE. 

(B) A PERSON FOUND TO BE IN NONCOMPLL^NCE WITH THIS 
ARTICLE, OR THE REGULATIONS ADOPTED THEREUNDER, THE 
FOREST CONSERVATION PLAN OR THE ASSOCL\TED 2-YEAR 
MAINTENANCE AGREEMENT, SHALL BE FINED A PENALTY OF 60 
CENTS PER SQUARE FOOT OF THE AREA FOUND TO BE IN 
NONCOMPLL\NCE WITH REQUIRED FOREST CONSERVATION. 



50 



Ord. No. 170 



(C) MONEY COLLECTED UNDER PARAGRAPH (1) OF THIS 
SUBSECTION SHALL BE DEPOSITED IN THE FOREST CONSERVATION 
FUND ESTABUSHED BY THE DIRECTOR OF FINANCE, AND MAY BE 
USED BY THE CITY FOR PURPOSES RELATED TO IMPLEMENTING 
THIS ARTICLE. 

12-2. VIOLATION. 

(A) IN ADDITION, ANY PERSON WHO VIOLATES ANY PROVISION 
OF THIS ARTICLE OR ANY REGULATION OR ORDER ADOPTED OR 
ISSUED THEREUNDER, IS LL\BLE FOR A PENALTY NOT EXCEEDING 
$1000 PER VIOLATION, WHICH MAY BE RECOVERED IN A CIVIL 
ACTION BROUGHT BY THE CITY. 

(B) EACH DAY A VIOLATION CONTINUES IS A SEPARATE 
VIOLATION. 

12-3. THE DEPARTMENT MAY REQUEST THE CITY SOUCITOR TO 
SEEK AN INJUNCTION REQUIRING A PERSON TO CEASE VIOLATION 
OF THIS ARTICLE AND TO TAKE CORRECTIVE ACTION TO RESTORE 
OR REFOREST AN AREA. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the Planning 
Commission has the authority to make minor changes in the Baltimore 
Gty Forest Conservation Manual after a public hearing on the proposed 
changes. 

SEC. 3. AND BE IT FURTHER ORDAINED, That if any provision of 
this ordinance or the application thereof to any person or circumstance 
is held invalid for any reason in a court of competent jurisdiction, the 
invalidity does not affect other provisions or any other application of 
this ordinance v^hich can be given effect without the invalid provisions 
or application, and for this purpose the provisions of this ordinance are 
declared severable. 

SEC. 4. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 1, 1993 

KURT L. SCHMOKE, Mayor 



51 



Ord. No. 171 

CITY OF BALTIMORE 

ORDINANCE NO. 171 

(Council Bill No. 362) 

AN ORDINANCE concerning 

BUILDING CODE - APPLICATION FOR PERMIT 

FOR the purpose of providing that all grading and excavation work 
must meet the requirements of the Baltimore Qty Forest and Tree 
Conservation Program. 

BY repealing and reordaining with amendments 
Article 32 - Building Code 
Section 111.0 
Baltimore Qty Building Code (1990 Edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City 
Building Code (1990 Edition, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 32 - BUILDING CODE 

Section 111.0 Application For Permit 

111.1 When permit is required: A permit issued by the building official 
is required before any person may construct, alter, add to, rehabilitate, 
raze, or move a building or structure, or change the use of any building, 
structure, or land, or install or alter any equipment for which provision 
is made or the installation of which is regulated by this code, or perform 
any grading or excavating; except that ordinary repairs, which do not 
involve any violation of this code, shall be exempt from this provision. 
In case of razing or moving a building or structure without a permit, a 
violation notice pursuant to Section 117.0 shall not be required prior to 
enforcement of this section by any appropriate legal proceeding, and 
penalties will be assessed pursuant to Section 117.4. 

No permit involving grading, excavation, or other movement of 
earth shall be issued until a grading and sediment control plan has been 
submitted to and approved by the Director or PubHc Works and the 



52 



\ 



Ord. No. 172 



developer has certiiied that all land clearing, construction, and 
development will be done pursuant to said plan. All such work must 
further meet requirements of the Critical Area Management Program of 
Baltimore Qty, THE BALTIMORE CITY FOREST AND TREE 
CONSERVATION PROGRAM, and other applicable laws of the Qty and 
the State of Maryland. 

Before any grading or excavating work or operation is started on 
private property which requires the hauling of excavated material over a 
sidewalk, a permit shall be first secured from the Director of Public 
Works to use such sidewalk. 

A license permit shall be required to use any land, building, or 
other structure as a theater, opera house, moving picture theater, dance 
hall, skating rink, auditorium, assembly hall, music hall, arena, stadium, 
or for any other use as a place of public assembly, or for any other use 
for which a license must be secured in accordance with the lav^ of the 
Gty or the State of Maryland. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 1, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 172 

(Council BUI No. 381) 

AN ORDINANCE concerning 

ZONING HOSPITALS - NOTICE REQUIREMENTS 

FOR the purpose of amending th e notic e r e quir e m e nts for th e 
e ctabliGhm e nt of hoGpitals and for c e rtain zoning chang e C) to 
conform with th e r e quir e m e nts of Articl e 66B, of th e Maryland 
Cod e i the definition of hospital in order to include certain 
medically related facilities in the 30-dav notice requirement and to 
exclude other facilities. 



53 



Ord. No. 172 



4BY repealing and reordaining with amendments 
Article 12 - Hospitals 
Subtitle - Hospitals 
Section 1 
Baltimore Qty Code (1983 Replacement Volimie, as amended) 

BY r e p e aling and r e ordaining with am e ndm e ntc 
Articl e 30 — Zoning 
Chapt e r 11 
Section 11.0 6(c)(3) 
Baltimor e City Cod e (1983 R e plac e m e nt Volume^ ac amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 12 - HOSPITALS 

Hospitals 

1. Procedure for establishment. 

It shall not be lawful to establish any hospital for the sick in the 
Qty, unless by and with the assent of the Mayor and Qty Council of 
Baltimore; provided, that before such assent shall be given, -tpublic 
notice shall be given of an intention to apply to the Qty Council for 
such grant, which ] AT LEAST ONE PUBLIC HEARING SHALL BE HELD 
IN RELATION TO THE ESTABUSHMENT OF THE HOSPITAL, AT 
WHICH PARTIES IN INTEREST AND CITIZENS SHALL HAVE AN 
OPPORTUNITY TO BE HEARD. AT LEAST FIFTEEN DAYS^ NOTICE OF 
THE TIME AND PLACE OF SUCH HEARING SHALL BE PROVIDED BY 
PUBLICATION IN AN OFFICIAL PAPER, OR A PAPER OF GENERAL 
CIRCULATION, IN BALTIMORE CITY, AND public notice shall be posted 
in a conspicuous place on the premises -fand be published at least once 
a week for four weeks in not less than two daily newspapers of the city, 
at least thirty days before the Qty Council shall act upon the 
application. ]; AND PROVIDED FURTHER, THAT NOTICE OF ^Rig 
PROPOSED CHANGE SHALL BE SENT BY FIRST CLASS MAIL TO THE 
PERSON OR PERSONS WHOSE NAME LAST APPE.\RED AMONG THE 
TAX RECORDS OF BALTIMORE CITY x\$ THE OWNER OF THE 
PROPERTY; "Hospital", as herein used, means any place or institution 
which maintains and operates facilities for the care, custody and/or 



54 



Ord. No. 172 



treatment of two or more non-related persons as patients suffering 
mental or physical ailments , and includes homes for the rehabilitation of 
non-bedridden alcoholic persons and drug abuse rehabilitation and 
treatment centers, but shall not be construed to include any dispensary 
or first-aid treatment facilities maintained by any commercial or 
industrial plant, educational institution or convent , or any nursing, 
convalescent, or rest home . 

ARTICLE 30 ZQNI>JG 

Chapt e r 11 — Administration and Enforc e m e nt 

11.0 6 Am e ndm e nts. 

€i Action by th e Gt>f Council i 

^ Th e Committ ee to which th e ordinance has boon 

r e f e rr e d [must furnish at l e ast 15 days' notic e by 
publication of th e first public h e aring, which 
hearing must includ e ] SHALL HOLD A PUBLIC 
HEARING AT WHICH PARTIES IN D>JTEREST AND 
CmZE>JS SHALL HAVE AN QPPQRTU^JITY TO BE 
HEARD> AND WHICH SHALL D>JCLUDE a reading of 
all ag e ncy r e ports. AT LEAST FIFTEEN DAYS • 
NOTICE OF THE TIME AND PLACE OF THE 
HEARI^JG SHALL BE PROVIDED BY PUBLICATION 
IN AN OFFICL\L PAPER, OR A PAPER OF GENERAL 
CIRCULATION, IN BALTIMORE CITY> AND> IN 
CASE OF A PROPOSED CHI^^JGE JN THE 
BOU>JDARY OR BOU>JDx^RIES OF ANY ZONI>JG 
DISTRICT, A SIMILAR NOTICE SHALL BE POSTED 
AT SUCH PLACE OR PLACES AS THE CON/DVUTTEE 
SHALL DESIGNATE WITHI>J THE PROPERTY 
PROPOSED TO BE CHA^JGED; AND NOTICE OF 
THE PROPOSED CHA^JGE SHALL BE SENT BY 
FIRST CLASS MAIL TO THE PERSON OR PERSONS 
WHOSE NAME L^T .^PPR^RED M4QNG THE Tx^X 
RECORDS OF Bx^LTIMQPcE CITY AS THE QW>JER 
OF THE PROPERTY PROPOSED TO BE CHA>JGED. 
Wh e n e v e r an ordinanc e is amend e d subs e qu e nt to 
th e public h e aring h e ld on an ordinance, th e n 
anoth e r public h e aring must bo hold on the 



55 



Ord. No. 173 



ordinanc e as amendod> Th e r e quir e m e nt for public 
notice for hearing on an ordinanc e shall includ e 
additional hearings and th e r e ading of ag e ncy 
r e portSi 

An amendment mad e in Committ ee or by a 
Committ ee which consists only of a chang e in 
punctuation^ grammar^ or sp e lling and do e s not in 
any way alt e r the substanc e of th e ordinanc e do e s 
not r e quir e additional hearingSi 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 1, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 173 

(Council Bill No. 404) 

AN ORDINANCE concerning 

SUPPLEMENTARY LOAN FUND APPROPRL\TION - 
DEPARTMENT OF PUBLIC WORKS - $143,470 

FOR the purpose of providing a supplementary Loan Fund appropriation 
in the amount of $143,470 to the Department of Public Works 
(Account No. 197-138) to be used for the acquisition and 
implementation of new heating plants and energy control devices 
at two Qty employment development centers. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents proceeds 
from the Community Energy Loan Program in excess of the amount 
from this source estimated and relied upon by the Board of Estimates in 



56 



Ord. No. 173 



determining the tax levy required to balance the budget for the 1993 
fiscal year, and said money is therefore available for appropriation to 
the Department of Public Works pursuant to the provisions of Article VI, 
Section 2Ch)(3) of the Baltimore Qty Charter (1964 Revision, as 
amended); and 

WHEREAS, The additional sum here appropriated herein is from 
sources which could not be expected with reasonable certainty at the 
time of the formulation of the current Ordinance of Estimates in 
accordance with Article VI, Section 2(h) (3) of said Charter; and 

WHEREAS, This supplementary Loan Fund appropriation has been 
recommended to the Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 11th day of November, 1992, all in 
accordance with Article VI, Section 2(h) (3) of the Baltimore Qty 
Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(h) (3) of the 1964 revision of the Charter of Baltimore Qty, 
the sum of $143,470 shall be made available to the Department of 
Public Works (Account No. 197-138) as a supplementary Loan Fimd 
Operating appropriation for the fiscal year ending June 30, 1993 to 
provide for the acquisition and implementation of new heating plants 
and energy control devices at two Qty employment development 
centers. The amount thus made available as a supplementary Loan 
Fund appropriation shall be provided from the Community Energy Loan 
Fund Program in excess of the amount from this source which was 
estimated and relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1993 fiscal year; and 
said funds from said Community Energy Loan Program shall be the 
source of revenue for this supplementary Loan Fund appropriation, as 
required by Article VI, Section 2(h)(3) of the Baltimore Qty Charter 
(1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 1, 1993 

KURT L. SCHMOKE, Mayor 



57 



Ord. No. 174 

CITY OF BALTIMORE 

ORDINANCE NO. 174 

(Council BUI No. 342) 

AN ORDINANCE concerning 

STREET ENCROACHMENT - 635 W. LEXINGTON STREET 

FOR the purpose of authorizing the construction and maintenance of an 
entrance structure projecting into the pubUc right-of-way in front 
of 635 W. Lexington Street. 

BY authority 

Article 32 - Building Code 

Subtitle - Article 5 - General Building Limitations 

Section 507.5, 507.8 

Baltimore Qty Building Code (1990 edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the construction and mamtenance of 
an entrance structure extending into the public right-of-way are hereby 
authorized in front of 635 W. Lexington Street. The entrance structure 
consists of four columns and a portico approximately 28 feet wide and 
extending into the right-of-way approximately 4 feet. On the west side 
of the structure is a ramp wall approximately 11 feet wide and 
extending into the right-of-way approximately 1 foot. Except as in this 
ordinance specifically provided, all ordinances and rules and regulations 
of the Mayor and City Council of Baltimore shall be complied with in 
the construction and use of the entrance structure and ramp wall. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 12, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 175 



58 



Ord. No. 176 



(Council Bill No. 344) 

AN ORDINANCE concerning 

STREET ENCROACHMENT - MONTPELIER STREET 

FOR the purpose of authorizing the construction and maintenance of 
entry steps and a handicap ramp projecting approximately 5 feet 6 
inches into the public right-of-way on the northeast side of the 
property known as 829 Montpelier Street. 

BY authority 

Article 32 - Building Code 

Subtide - Article 5 - General Building Limitations 

Section 507.2, 507.8 

Baltimore Qty Building Code (1990 edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the construction and maintenance of 
entry steps and a handicap ramp are hereby authorized on the northeast 
side of the property known as 829 Montpelier Street. The entry steps 
shall be approximately 17 feet wide; the ramp shall be approximately 4 
feet 4 inches wide. Both structures shall project into the public right-of- 
way approximately 5 feet 6 inches. 

Except as specifically provided in this ordinance, all ordinances and 
all rules and regulations of the Mayor and Qty Council of Baltimore 
shall be complied with in the construction and maintenance of these 
structures. 

SEC. 2. AND BE IT FURTHER ORDAINED, That diis ordinance 
shall take effect on the date of its enactment. 

Approved March 12, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 176 
(Council Bill No. 350) 

59 



Ord. No. 176 

AN ORDINANCE concerning 

CITY PROPERTY - GRANT OF EASEMENT 

FOR the purpose of authorizing the Mayor and Qty Council of 

Baltimore to grant an easement for ingress and egress to a certain 
parcel of land that borders the City-owned Robert E. Lee Park in 
Baltimore County, Maryland. 

BY authority of 

Article 5 - Comptroller 

Section 5(b) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Comptroller of Baltimore Qty be 
and she is hereby authorized to grant an easement to Bruce E. and Polly 
E. Behrens for ingress and egress, in accordance with Article V, Section 
5(b) of the Qty Charter, in that parcel of land situate in Baltimore 
County, Maryland described on Exhibit A attached hereto and made a 
part hereof, subject to the following conditions: 

1. The plans and specifications for said right of way shall be 
approved in writing by the City before construction. 

2. The Qty and its employees or agents shall have access to the 
right-of-way easement area at all times when necessary for public 
purposes. 

3. Grantee shall maintain the right-of-way at its sole cost and 
expense. 

4. The City shall be protected, indemnified and saved harmless 
from all legal action, losses and damages resulting from injury to 
persons or damage to property caused by the use of the easement by 
the Grantee, their successors, assigns and invitees. 

5. No structures shall be erected by the Grantee over the 
easement area except for road surfacing material approved in advance 
by the Qty. 

6. Any and all construction on or within the Property herein 
described wtdch affects the City-owned Robert E. Lee Park shall be in 



60 



Ord. No. 176 



accordance with the requirements of the Baltimore Qty Department of 
Public Works and subject to inspection and approval thereof. 

7. Grantee also agrees that before any entry or acts that may 
affect the Qt/s reservoir occur, the said Department of Public Works 
will be notified in writing. 

8. The terms, conditions and agreement of this Easement 
Agreement shall be considered covenants running with the land on 
Grantee's property. 

9. This easement shall be and is construed to be an easement 
appurtenant, benefitting the property owned by the Grantee and 
burdening the property owned by the Qty and described herein. The 
terms, conditions and agreement of this Easement Agreement, shall bind 
the successors and assigns of both Grantor and Grantee. 

10. Failure by the Grantee to comply with any terms, conditions 
and agreement of this Easement Agreement will be considered a breach 
of the Agreement. In the event that the Grantee fails to cure any breach 
within ten (10) days after being so notified by the Qty, the Qty may at 
its sole discretion unilaterally declare this Agreement to be Null and 
Void by fiUng a Declaration to that effect among the Land Records of 
Baltimore County. 

11. Grantee shall pay fair market value for said easement as 
determined by the Qt/s Real Estate Officer. 

SEC 2. AND BE IT FURTHER ORDAINED, That no easement or 
easements shall be granted in accordance herewith, until the same shall 
have been first approved by the Qty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



EXHIBIT A 

METES AND BOUNDS DESCRIPTION 

INGRESS AND EGRESS RIGHT OF WAY 

MAYOR AND CITY COUNCIL OF BALTIMORE 

TO BRUCE E. BEHRENS AND POLLY E. HIS WIFE, ET.AL. 



61 



Ord. No. 176 



Beginning for the same at a point, said point being located at the 
intersection of the Northwestemmost right of way line of LTiirondelle 
Qub Road as shown, laid out on Baltimore Coimty, Department of 
Public Works, Bureau of Land Acquisition drawing No. R/W 90-221-2 
and the last or North 23 degrees 20 minutes West 286 foot line of a 
deed dated the 1st day of June 1970 from Winifred Franke to Edward F. 
Blake Jr., and Jeannette P., his wife, said deed being recorded among 
the Land Records of Baltimore Coimty, Maryland, in Liber O.T.G. 5098 
Folio 137, thence binding on said line, as now surveyed. North 29 
degrees 40 minutes 13 seconds West 94 feet more or less to the South 
23 degrees 11 minutes 09 seconds East 30.75 foot line of the plat of 
"THE OBRECHT PROPERTY", said plat being recorded among the 
aforesaid Land Records in Plat Book Liber E.H.ICJr. 49 Folio 90, thence 
binding thereon, in the meridian of said plat. North 23 degrees 11 
minutes 09 seconds West 30.75 feet to a point, thence South 66 degrees 
48 minutes 51 seconds West 10.75 feet to a point, thence North 23 
degrees 11 minutes 09 seconds West 8 feet more or less to a point, 
thence Southeasterly, through the lands of the Mayor and Qty Council 
of Baltimore 17 feet more or less to a point, thence 25 feet more or less, 
along the arc of a curve deflecting to the right having a radius of 35 feet 
to a point of tangency, thence South 29 degrees 40 minutes 13 seconds 
East 83 feet more or less to a point on the aforesaid right of way line of 
UHirondelle Qub Road, thence binding thereon 18 feet more or less 
along the arc of a curve deflecting to the left having a radius of 80.00 
feet to the place of beginning. 

Containing 1985 square feet, or 0.045 acres of land, more or less. 

Being part of a deed dated __ day of , from 

to the Mayor and Qty Council of Baltimore, also 



see Ordinance No. 1155 



Also being as shown on Baltimore Coimty, Department of Public 
Works, Bureau of Land Acquisition drawing No. RW 90-221-2, and 
indicated as Temporary Construction and Adjustment Area "C". 

Approved March 12, 1993 

KURT L. SCHMOKE, Mayor 



62 



Ord. No. 177 

CITY OF BALTIMOREE 

ORDINANCE NO. 177 

(Council Bill No. 353) 

AN ORDINANCE concerning 

CITY PROPERTY SALE - 1118 CATHEDRAL STREET 

FOR the purpose of authorizing the Mayor and Qty Council of 

Baltimore to sell at either public or private sale all of the interest 
of the Mayor and Qty Council of Baltimore in and to a certain 
parcel of land situated at 1118 Cathedral Street, said parcel of land 
being no longer needed for public use. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Comptroller of Baltimore Qty be 
and she is hereby authorized to sell, at either public or private sale in 
accordance with Article V, Section 5(b) of the Qty Charter (1964 
Revision, as amended), all of the interest of the Mayor and Qty Council 
of Baltimore in and to a certain parcel of land situated at 1118 
Cathedral Street and described as follows: 

B e ginning for th e sam e on th e w e st cid e of Cathedral Str ee t at th e 
distance of on e hundr e d tw e nty fiv e f ee t north from th e com e r formed 
by th e int e rs e ction of th e w e st sid e of Cath e dral Str ee t and th e north 
sid e of Tyson Str ee t (formerly Chos e Str ee t) th e nc e by a lino at right 
angl e s with Cath e dral Str ee t and a tw e nt>r foot all e y call e d Fulton All e y 
w e st e rly on e hundred twenty feet to th e e ast sid e of said all e y; th e nc e 
by a parall e l lin e with said all e y north twent>f fiv e f e et th e nco by a lin e 
at right angl e s with said all e y and the west sid e of Cath e dral Str ee t 
afor e said e ast on e hundr e d tw e nt>r f ee t to Cath e dral Str ee t th e nc e south 
tw e nty fiv e fe e t to th e plac e of beginning; Th e improv e m e nts th e r e on 
b e ing known as No> 1118 Cathedral Str ee t. 



63 



Ord. No. 178 



BEGINNING FOR THE SAME OF THE WEST SIDE OF CATHEDRAL 
STREET AT THE DISTANCE OF ONE HUNDRED TWENTY-FIVE FEET 
NORTH FROM THE CORNER FORMED BY THE INTERSECTION OF 
THE WEST SIDE OF CATHEDRAL STREET AND THE NORTH SIDE OF 
TYSON STREET (FORMERLY CHASE STREET) THENCE BY A LINE AT 
RIGHT ANGLES WITH CATHEDRAL STREET AND A TWENTY FOOT 
ALLEY CALLED FULTON ALLEY WESTERLY ONE HUNDRED TWENTY 
FEET TO THE EAST SIDE OF SAID ALLEY; THENCE BY A PARALLEL 
LINE WITH SAID ALLEY NORTH FORTY-EIGHT FEET TO THE SOUTH 
SIDE OF W. CHASE STREET THENCE BINDING ON THE SOUTH SIDE 
OF W. CHASE STREET ONE HUNDRED TWENTY-TWO FEET TO THE 
INTERSECTION WITH THE WEST SIDE OF CATHEDRAL STREET 
THENCE SOUTH TWENTY-SIX FEET TO THE PLACE OF BEGINNING 
AND BEING WARD 11, SECTION 2, BLOCK 504. LOT 23/28. 
CONTAINING APPROXIMATELY 4435 SQUARE FEET. 

Said property being no longer needed for public use. 

All courses and distances in the above description are referred to as 
true meridian as adopted by the Baltimore Survey Control System. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 12, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 178 
(Council Bill No. 354) 
AN ORDINANCE concerning 

CITY PROPERTY SALE - 609 E. CLEMENT STREET 



64 



Ord. No. 178 



FOR the purpose of authorizing the Mayor and Qty Council of 

Baltimore to sell at either public or private sale all of the interest 
of the Mayor and Qty Council of Baltimore in and to a c e rtain 
parcel of land situat e d at 609 E. Cl e m e nt Str ee t^ said parc e l of land 
and improv e m e nts b e ing no long e r n e ed e d for public us e i an 
annual ground rent of $36.00 payable from 609 E. Qement Street, 
said ground rent being no longer needed for public use. 

BY authority of 

Article V - Comptroller 

Section 5Cb) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Comptroller of Baltimore Qty be 
and she is hereby authorized to sell, at either public or private sale in 
accordance with Article V, Section 5(b) of the Qty Charter (1964 
Revision, as amended), all of the interest of the Mayor and Qty Council 
of Baltimore in and to a certain parc e l of land and improv e ments 
situat e d at 609 Ei Cl e m e nt Str ee t and d e scrib e d as follows i the annual 
ground rent of $36.00 payable from 609 E. Clement Street (Block 1932, 
Lot 47). 

Said property being no longer needed for public use. 

All courses and distances in the above description are referred to as 
true meridian as adopted by the Baltimore Survey Control System. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
approved by the Qty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 12, 1993 

KURT L. SCHMOKE, Mayor 



65 



Ord. No. 179 

CITY OF BALTIMORE 

ORDINANCE NO. 179 

(Council BUI No. 355) 

AN ORDINANCE concerning 

CITY PROPERTY SALE - PARCEL OF LAND NEAR WARE 
AND WASHINGTON AVENUES IN BALTIMORE COUNTY 

FOR the purpose of authorizing the Mayor and Qty Council of 

Baltimore to sell at either public or private sale all of the interest 
of the Mayor and Qty Council of Baltimore in and to a certain 
parcel of land situated near Ware and Washington Avenues in 
Baltimore County, said parcel of land and improvements being no 
longer needed for public use. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Comptroller of Baltimore Qty be 
and she is hereby authorized to sell, at either public or private sale in 
accordance with Article V, Section 5(b) of the Qty Charter (1964 
Revision, as amended), all of the interest of the Mayor and Qty Council 
of Baltimore in and to a certain parcel of land situated near Ware and 
Washington Avenues in Baltimore Coimty and described as follows: 

Beginning for the same at the easternmost comer of the property 
now or formerly owned by the Mayor and Qty Council of Baltimore, 
said point of beginning being the beginning of the second line of the 
parcel of land conveyed by Reverend Michael Joseph Curley Roman 
Catholic Archbishop of Baltimore to Mayor and City Council of 
Baltimore by deed dated December 14, 1931 and recorded among the 
Land Records of Baltimore County in Liber L.McL.M. No. 889, Folio 462 
and running thence binding on the second line of said deed, as now 
surveyed. North 84**-40'-50" West 150.00 feet; thence binding on part of 
the third line of said deed, as now surveyed, North 05°-19'-10" East 
45.71 feet to the beginning of the parcel of land conveyed by Mayor 
and Qty Council of Baltimore to Most Reverend Francis P. Keough, 



66 



Ord. No. 179 



D.D., Roman Catholic Archbishop of Baltimore by deed dated June 25, 
1952 and recorded among said Land Records in Liber G.L.B. No. 2139, 
Folio 290; thence binding reversely on the last line of last said deed, as 
now surveyed, North 2VA8'-00'' East 87.06 feet to intersect the last line 
of the parcel of land described in the deed mentioned firstly herein; 
thence binding on part of the last line of the parcel of land described in 
the deed mentioned firstly herein, to the end thereof, as now surveyed. 
South 82*'-55'-13'' East 102.55 feet and thence binding on the first line 
of the parcel of land described in the deed mentioned firstly herein, as 
now surveyed, South 04*'-56'09'' East 128.09 feet to the place of 
beginning. 

Containing 16,677.51 square feet or 0.3829 acre of land, more or 
less. 

Subject to an Easement for Municipal Utilities and Services as 
shown on a plat dated November 14, 1989 as revised Jime 10, 1992 
and numbered 106-B-3A, filed in the office of the Public Services 
Division of the Department of Public Works of Baltimore Qty and 
described as follows: 

Beginning for the same at a point on the northeast side of Ware 
Avenue, 50 feet wide, distant 322 feet, more or less, northwesterly 
measured along the northeast side of said Ware Avenue from the 
northwest side of Washington Avenue, said point of beginning being the 
beginning of the third parcel of land conveyed by Reverend Michael 
Joseph Curley Roman Catholic Archbishop of Baltimore to Mayor and 
Qty Council of Baltimore by deed dated December 14, 1931 and 
recorded among the Land Records of Baltimore County in Liber 
L.McL.M. No. 889, Folio 462 and rurming thence binding on the 
northeast side of said Ware Avenue and on the first line of said deed, as 
now surveyed. North 68°-15'-47' West 12.00 feet; thence binding on the 
second line of the third parcel of land described in said deed, as now 
surveyed, North 21°-44'-13'' East 141.48 feet to intersect the second line 
of the first parcel of land described in said deed; thence binding on part 
of the second line of the first parcel of land described in said deed, as 
now surveyed, North 84''-40'-50" West 31.72 feet; thence binding on 
part of the third line of said deed, as now surveyed, North 05*'-19'-10'' 
East 45.71 feet to the beginning of the parcel of land conveyed by 
Mayor and Qty Council of Baltimore to Most Reverend Francis P. 
Keough, D.D, Roman Catholic Archbishop of Baltimore by deed dated 
June 25, 1952 and recorded among said Land Records in Liber G.L.B. 



67 



Ord. No. 179 



No. 2139, Folio 290; thence binding reversely on the last line of last 
said deed, as now surveyed, North 21M8'-00" East 87.06 feet to 
intersect the last line of the first parcel of land described in the deed 
mentioned firsdy herein; thence binding on part of the last line of the 
first parcel of land described in the deed mentioned firstly herein, to the 
end thereof, as now surveyed. South 82'*-55'-13" East 102.55 feet; 
thence binding on part of the first line of the first parcel of land 
described in the deed mentioned firstly herein, as now surveyed. South 
04**-56'-09" East 18.46 feet; thence through the property now or 
formerly owned by the Mayor and Qty Council of Balitmore the six 
following courses and distances; namely. South 58'*-24'-00" West 37.30 
feet. South 85**-20*-40" West 25.89 feet, by a Hne curving to the left 
with a radius of 28.41 feet the distance of 54.29 feet which arc is 
subtended by a chord bearing South 81*-59'-01'' West 46.40 feet. South 
22*'-04'-15'' West 26.95 feet, Soudi 23^-1 1'-35" East 35.35 feet, and 
South 68**-32'-30" East 8.69 feet to intersect the line of the last line of 
the third parcel of land described in the deed mentioned firstly herein, if 
projected northeasterly and thence binding in part reversely on said line 
so projected, in part on the last line of the third parcel of land described 
in the deed mentioned firsdy herein, and in all, as now surveyed. South 
21*'-44'-13" West 156.49 feet to the place of beginning. 

Containing 8,659.81 square feet or 0.1988 acre of land, more or 
less. 

All course and distances in the above descriptions are referred to as 
true meridian as adopted by the Baltimore Survey Control System. 

Together with two rights of way for the purpose of ingress and 
egress as described in a deed dated December 14, 1931 and recorded 
among the Land Records of Baltimore Coimty in Liber L.McL.M. No. 
889, FoUo 462. 

Said property being no longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
approved by the Qty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



68 



Ord. No. 180 

Approved March 12, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 180 

(CouncU BUI No. 368) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE HOUSING 
FOR THE ELDERLY - 2108-2128 BOSTON STREET 

FOR the purpose of granting permission to Frank Scarfield for the 
establishment, maintenance and operation of housing for the 
elderl y, with a maximum of 58 units, on the property known as 
2108-2128 Boston Street, as outlined in red on the plats 
accompanying this ordinance. 

BY authority of 

Article 30 - Zoning 

Sections 6.2-ld-5 and 11.0-6d 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted to Frank 
Scarfield for the establishment, maintenance and operation of housing 
for the elderly , with a maximum of 58 units, on the property known as 
2108-2128 Boston Street, as outlined in red on the plats accompanying 
this ordinance, under the provisions of Sections 6.2-ld-5 and 11.0-6d of 
Article 30 of the Baltimore Qty Code (1983 Replacement Volume, as 
amended) tided "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the Qty Council, as evidence of the authenticity of the 
plat which is a part hereof and in order to give notice to the 
departments which are administering the Zoning Ordinance, the 
President of the Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The Director of Finance 



69 



Ord. No. 181 



shall then transmit a copy of the ordinance and one of the plats to the 
following: The Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of Housing and 
Commimity Development, the Supervisor of Assessments for Baltimore 
aty and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 12, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 181 

(Council Bill No. 398) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
PARKING LOT - 2927 SYLVAN AVENUE 

FOR the purpose of granting permission for the establishment, 

maintenance and operation of an open off-street parking area on 
the property known as 2927 Sylvan Avenue, as outlined in red on 
the plats accompanying this ordinance. 

BY authority of 

Article 30 - Zoning 

Section(s) 4.5-ld-4 and 11.0-6d 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of an open off-street parking 
area on the property known as 2927 Sylvan Avenue, as outlined in red 
on the plats accompanying this ordinance, under the provisions of 
Section(s) 4.5-ld-4 and 11.0-6d of Article 30 of the Baltimore Qty Code 
(1983 Replacement Volume, as amended), tide "Zoning". 



70 



Ord. No. 182 



SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the Qty Council, as evidence of the authenticity of the 
plat which is a part hereof and in order to give notice to the 
departments which are administering the Zoning Ordinance, the 
President of the Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the 
following: the Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of Housing and 
Community Development, the Supervisor of Assessments for Baltimore 
Qty, and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 12, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 182 

(Council Bill No. 263) 

AN ORDINANCE concerning 

METROPOLITAN DISTRICT EXTENSION NO. 116 

FOR the purpose of consenting to and approving a Petition for the 
Extension of the Metropolitan District of Baltimore County to a 
tract of land consisting of 1.98 acres in the Second Election District 
of Baltimore County located in the vicinity of Owings Mills 
Corporate Center, District 2C3 (Hill Property) and in accordance 
with the provisions of Chapter 539 of the Acts of the General 
Assembly of Maryland of 1924, as amended by Chapter 515 of the 
Acts of 1955. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Petition for the extension of the 
Metropolitan District of Baltimore County to a tract of land in the 
Second Election District of Baltimore County located in the vicinity of 



71 



Ord. No. 183 



Owings Mills Corporate Center, District 2C3 (Hill Property), more 
particularly shown on a plat filed in the Department of Public Works of 
Baltimore County nimibered Extension 116, is in accordance with the 
authority granted by Chapter 539 of the Acts of the General Assembly of 
Maryland of 1924, and amended by Chapter 515 of the Acts of 1955 
hereby consented to and approved. 

SECTION 2. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved March 26, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 183 

(Council Bill No. 357) 

AN ORDINANCE concerning 

FIRE PREVENTION CODE 

FOR the purpose of requiring hazard identification placards on certain 
storage tanks containing flammable or combustible liquids. 

BY adding 

Article 9 - Fire Department and Fire Code 

Subtitie - Fire Prevention Code 

Section F-2801.2.2 

Fire Prevention Code of Baltimore Qty (1990 Edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That section(s) of the Fire Prevention Code 
of Baltimore Qty (1990 Edition, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 9 - FIRE DEPARTMENT AND FIRE CODE 

Fire Prevention Code 

Article 28 - Flammable and Combustible Liquids 



72 



Ord. No. 184 



Section F-2801.0 Fire Safety Requirements 

F-2801.2.2 SIGNS FOR BULK STORAGE TANKS: ANY STORAGE TANK 
CONTAINING A FLAMMABLE OR COMBUSTIBLE LIQUID AND HAVING 
A DL\METER GREATER THAN 55 FEET SHALL BE POSTED WITH A 
PLACARD THAT CONFORMS WITH THE REQUIREMENTS OF THE 
NFIPA 704 HAZARD IDENTIFICATION SYSTEM. THE SIZE OF THE 
PLACARD SHALL BE IN CONFORMANCE WITH THE DIMENSIONS 
REQUIRED IN NFIPA 704 FOR LEGIBILnY AT 300 FEET. THE TANK 
DL\METER IN FEET SHALL BE POSTED DIRECTLY BELOW THE 
PLACARD IN NUMERALS AT LEAST 6 INCHES IN HEIGHT AND IN 
CONFORMANCE WITH THE DIMENSIONS REQUIRED FOR NUMERALS 
IN NFIPA 704. THE PLACARD AND NUMERALS SHALL BE PLACED ON 
THE TANK IN A LOCATION THAT WILL BE READILY VISIBLE TO 
EMERGENCY UNITS UPON THEIR APPROACH TO THE TANK FOR 
EMERGENCY OPERATIONS. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 26, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 184 

(Council Bill No. 283) 

AN ORDINANCE concerning 

CITY STREET - OPENING AN ALLEY, 12 FEET WIDE 

FOR the purpose of condemning and opening an alley, 12 feet wide, 

located 100 feet south of Lombard Street and extending from Penn 
Street, Westerly to the end thereof in accordance with a plat 
thereof numbered 184-A-13EE prepared by the Survey Control 
Section and filed in the Office of the Department of PubUc Works, 
on the Fourth (4th) day of June, 1992. 



73 



Ord. No. 184 



BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Department of Public Works be, 
and is hereby authorized and directed to condenm and open an alley, 
12 feet wide, located 100 feet south of Lombard Street and extending 
from Penn Street, Westerly to the end thereof; the alley hereby directed 
to be condemned for said opening being described as follows: 

Beginning for Parcel No. 1 at the point formed by the intersection 
of the west side of Penn Street, 55 feet wide, and the north side of an 
alley, 12 feet wide, laid out 100 feet south of Lombard Street, 66 feet 
wide, and running thence binding on the west side of said Penn Street, 
Southerly 12 feet, to intersect the south side of said 12 foot alley; 
thence binding on the south side of said 12 foot alley, Westerly 67.5 
feet to the westernmost extremity of said 12 foot alley; thence binding 
on the westernmost extremity of said 12 foot alley. Northerly 12 feet to 
intersect the north side of said 12 foot alley and thence binding on the 
north side of said 12 foot alley, Easterly 67.5 feet to the place of 
beginning. 

The said 12 foot alley as directed to be condemned being more 
particularly described and referred to among the Land Records of 
Baltimore Qty and delineated and particularly shown on a plat 
nimibered 184-A-13EE which was filed in the Office of the Department 
of Public Works on the Fourth (4th) day of June in the year 1992 and is 
now on file in said office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the proceedings of 
said Department of Public Works, with reference to the condemnation 
and opening of said 12 foot alley and the proceedings and rights of all 
parties interested or affected thereby, shall be regulated by, and be in 
accordance with, any and all applicable provisions of Article 4 of the 
Code of Public Local Laws of Maryland and the Charter of Baltimore 
Qty (1964 Revision, as amended) and any and all amendments thereto, 
and any and all other Acts of the General Assembly of Maryland, and 
any and all ordinances of the Mayor and Qty Council of Baltimore, and 
any and all rules or regulations in effect which have been adopted by 



74 



Ord. No. 185 



the Director of Public Works and filed with the Department of 
Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved March 31, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 185 

(Council Bill No. 284) 

AN ORDINANCE concerning 

CITY STREET - CLOSING AN ALLEY, 12 FEET WIDE 

FOR the purpose of condemning and closing an alley, 12 feet wide, 

located 100 feet south of Lombard Street and extending from Penn 
Street, Westerly to the end thereof in accordance with a plat 
thereof numbered 184-A-13FF prepared by the Survey Control 
Section and filed in the Office of the Department of Public Works, 
on the Fourth (4th) day of June, 1992. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Gty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Department of Public Works be, 
and it is hereby authorized and directed to condemn and close an alley, 
12 feet wide, located 100 feet south of Lombard Street and extending 
from Penn Street, Westerly to the end thereof; the alley hereby directed 
to be condemned for said closing being described as follows: 



75 



Ord. No. 185 



Beginning for Parcel No. 1 at the point formed by the intersection 
of the west side of Penn Street, 55 feet wide, and the north side of an 
alley, 12 feet wide, laid out 100 feet south of Lombard Street, 66 feet 
wide, and running thence binding on the west side of said Penn Street, 
Southerly 12 feet, to intersect the south side of said 12 foot alley; 
thence binding on the south side of said 12 foot alley. Westerly 67.5 
feet to the westernmost extremity of said 12 foot alley; thence binding 
on the westernmost extremity of said 12 foot alley, Northerly 12 feet to 
intersect the north side of said 12 foot alley and thence binding on the 
north side of 12 foot alley. Easterly 67.5 feet to the place of beginning. 

The said 12 foot alley as directed to be condemned being more 
particularly described and referred to among the Land Records of 
Baltimore Qty and delineated and particularly shown on a plat 
numbered 184-A-13FF which was filed in the Office of the Department 
of PubUc Works on the Fourth (4th) day of June in the year 1992 and is 
now on file in said Office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after said highway 
or highways shall have been closed under the provisions of this 
Ordinance, all subsurface structures and appurtenances now owned by 
the Mayor and City Council of Baltimore, shall be and continue to be 
the property of the Mayor and City Coimcil of Baltimore, in fee simple, 
until the use thereof shall be abandoned by the Mayor and Qty Council 
of Baltimore, and in the event that any person, firm or corporation shall 
desire to remove, alter or interfere therewith, such person, firm or 
corporation shall first obtain permission and permits therefor from the 
Mayor and Qty Council of Baltimore, and shall in the application for 
such permission and permits agree to pay all costs and charges of every 
kind and nature made necessary by such removal, alteration or 
interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no buildings or 
structures of any kind shall be constructed or erected in said portion of 
said highway or highways after the same shall have been closed under 
the provisions of this Ordinance until the subsurface structures and 
appurtenances now owned by the Mayor and City Coimcil of Baltimore, 
over which said buildings or structures are proposed to be constructed 
or erected shall have been abandoned or shall have been removed and 
relaid in accordance with the specifications and under the direction of 
the Director of Public Works of Baltimore City, and at the expense of 
the person or persons or body corporate desiring to erect such buildings 



76 



Ord. No. 185 



or structures. Railroad tracks shall be taken to be "structures" within 
the meaning of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after said highway 
or highways shall have been closed under the provisions of this 
ordinance, all subsurface structures and appurtenances owned by any 
person, firm or corporation, other than the Mayor and Qty Council of 
Baltimore, shall upon notice from the Director of Public Works of 
Baltimore Qty, be promptly removed by and at the expense of the said 
owners. 

SEC. 5. AND BE IT FURTHER ORDAINED, That on and after the 
closing of said highway or highways, the said Mayor and Qty Council of 
Baltimore, acting through its duly authorized representatives, shall, at 
all times, have access to said property and to all subsurface structures 
and appurtenances used by it therein, for the purposes of inspection, 
maintenance, repair, alteration, relocation and/or replacement, of any 
or all of said structures and appurtenances, and this without permission 
from or compensation to the owner or owners of said land. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the proceedings of 
said Department of Public Works with reference to the condemnation 
and closing of said 12 foot alley and the proceedings and rights of all 
parties interested or affected thereby, shall be regulated by, and be in 
accordance with, any and all applicable provisions of Article 4 of the 
Code of Public Local Laws of Maryland and the Charter of Baltimore 
Qty (1964 Revision, as amended) and any and all amendments thereto, 
and any and all other Acts of the General Assembly of Maryland, and 
any and all ordinances of the Mayor and Qty Council of Baltimore, and 
any and all rules or regulations in effect which have been adopted by 
the Director of Public Works and filed with the Department of 
Legislative Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved March 31, 1993 

KURT L. SCHMOKE, Mayor 



77 



Ord. No. 186 

CITY OF BALTIMORE 

ORDINANCE NO. 186 

(Council Bill No. 330) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - BYRD STREET 

FOR the purpose of repealing Ordinance No. 110, approved June 20, 
1984, which provided for reserved handicapped parking on the 
west side of Byrd Street, south of Heath Street for Virginia 
Murphy. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 110, approved June 20, 
1984, is hereby repealed and the authorization for reserved 
handicapped parking on the west side of Byrd Street, south of Heath 
Street for Virginia Murphy therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 31, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 187 

(Council Bill No. 331) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - 27TH STREET 

FOR the purpose of repealing Ordinance No. 38, approved March 30, 
1988, which provided for reserved handicapped parking on the 
north side of 27th Street between Guilford Avenue and Barclay 
Street for William Sturgis. 



78 



Ord. No. 188 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 38, approved March 30, 
1988, is hereby repealed and the authorization for reserved 
handicapped parking on the north side of 27th Street between Guilford 
Avenue and Barclay Street for William Sturgis therein provided, is 
hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 31, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 188 

(Council Bill No. 332) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - CHESTERFIELD AVENUE 

FOR the purpose of repealing Ordinance No. 29, approved March 17, 
1988, which provided for reserved handicapped parking on the 
east side of Chesterfield Avenue south of Juneway for Angelo 
Marino. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 29, approved March 17, 
1988, is hereby repealed and the authorization for reserved 
handicapped parking on the east side of Chesterfield Avenue south of 
Juneway for Angelo Marino therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 31, 1993 

KURT L. SCHMOKE, Mayor 



79 



Ord. No. 189 

CITY OF BALTIMORE 

ORDINANCE NO. 189 

(CouncU BUI No. 333) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - EASTERN AVENUE 

FOR the purpose of repealing Ordinance No. 220, approved November 
23, 1984, which provided for reserved handicapped parking on the 
south side of Eastern Avenue west of Albemarle Street for Albert A. 
DeFelice. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 220, approved 
November 23, 1984, is hereby repealed and the authorization for 
reserved handicapped parking on the south side of Eastern Avenue west 
of Albemarle Street for Albert A. DeFelice therein provided, is hereby 
rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 31, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 190 

(Council Bill No. 334) 

AN ORDINANCE concerning 

IMPOUNDING AREAS - BAYARD STREET 

FOR the purpose of adding the north side of Bayard Street between 
Warner and Russell Streets to the list of impoimding areas. 



80 



Ord. No. 191 



BY adding 

Article 31 - Transit and Traffic 

Subtitle - Impounding Areas 

Section 102(2a) 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 31 . TRANSIT AND TRAFFIC 

Impounding Areas 

102. B Streets. 

(2A) BAYARD STREET, NORTH SIDE, FROM WARNER STREET TO 
RUSSELL STREET. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 31, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 191 

(Council Bill No. 335) 

AN ORDINANCE concerning 

PARKING CONTINUOUSLY 

FOR the purpose of increasing the time during which a vehicle may 
be parked continuously in the same location. 

BY repealing and reordaining with amendments 
Article 31 - Transit and Traffic 
Subtide - Parking Continuously 



81 



Ord. No. 192 



Section 60 

Baltimore Qty Gxle (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Voltmae, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Parking Continuously 

60. Restrictions. 

No vehicle shall be permitted to stand more than [18] 7348 hours 
continuously in the same location. Provided, however, that nothing 
herein contained shall be applicable to vehicles of the Police Department 
or the Fire Department, or to any emergency vehicle belonging to the 
Qty or to any public utility, or to vehicles belonging to physicians or 
undertakers, or to vehicles with disabled person registration plates, and 
provided further, that nothing herein contained shall be construed to 
modify in any way the restrictions or provisions of any ordinance or 
regulation as to parking of vehicles on any boulevard or through street, 
but such restrictions and provisions shall continue in effect as if this 
section had not been passed. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 31, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 192 
(CouncU Bill No. 380) 
AN ORDINANCE concerning 

IMPOUNDING AREAS - CAMDEN STREET AND EUTAW STREET 



82 



Ord. No. 193 



FOR the purpose of adding both sides of Camden Street between Sharp 
and Paca Streets and both sides of Eutaw Street between Camden 
and Baltimore Streets to the list of impounding areas. 

BY adding 

Article 31 - Transit and Traffic 

Subtitle - Impounding Areas 

Sections 103(la), 105(3) 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Impounding Areas 
103. C Streets. 

(lA). CAMDEN STREET, BOTH SIDES, FROM SHARP STREET TO 
PACA STREET. 

105. E Streets. 

(3) EUTAW STREET, BOTH SIDES, FROM CAMDEN STREET TO 
BALTIMORE STREET. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 31, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 193 
(Council Bill No. 383) 



83 



Ord. No. 193 



AN ORDINANCE concerning 

RESIDENTIAL PERMIT PARKING PROGRAM - 
BUSINESSES IN STADIUM AREA 

FOR the purpose of requiring permits be provided to the businesses in 
Stacium Event Restricted Parking Program Areas A, B, and 5 to the 
same extent they are provided to the residents. 

BY repealing and reordaining with amendments 
Article 31 - Transit and Traffic 
Subtitle - Residential Permit Parking Program 
Section 156G) 
Baltimore Qty Code (1983 Replacement Volimie, as amended) 

Whereas, The Residential Permit Parking Program was created to 
aid City residents in areas near a large public or private facility where 
automobiles connected with the facility monopolized on-street parking 
within a large area surrounding it; and 

Whereas, At this time the Camden Yards area was a commercial 
and manufacturing area which had no parking problems and into which 
residents had come at the urging of the Qty to rehabilitate and develop 
housing; and 

Whereas, Shortly after the new homeowners had setded into the 
area, a new large baseball stadium was thrust into the area and parking 
within a reasonable distance from a resident's dwelling became 
impossible when the stadium was in use; and 

Whereas, The Qty Council feels that the Camden Yards area. Areas 
A, B, and 5 are different from the other Residential Permit Parking areas 
in the Qty in that, in the case of the stadium, the nuisance or source of 
the congestion came to the area after the residents and was not in 
existence when the residents moved in, and therefore these particular 
residents should not be charged a fee to support the program; now, 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 



84 



Ord. No. 193 



ARTICLE 31 - TRANSIT AND TRAFFIC 

Residential Permit Parking Program 

156. 

(1) Camden Yards Stadium Complex area. The Camden Yards 
Stadium Complex area is that area within the outer limits of North 
Avenue, the western bank of the Jones' Falls, the outer limits of 
Lawrence Street, Interstate 1-95, and Monroe Street 
[and which includes properties zoned residential, or in which entire 
block faces are residential in use]. 

(1) Except for permit holders parking duration shall be 
restricted in whole or in part. 

(2) Camden Yards Stadium Complex area not subject to 
Section 156(c) 1 and 2 and Section 156(d). 

(3) A petition from each block face to be considered must be 
submitted that contains the signature of an adult member of at least 
60% of the households in the affected block. 

(4) Any designated residential permit parking area which 
falls, in whole or in part, within the Camden Yards Stadium Complex 
area shall be subject to all the provisions of this Section 1560). 

(5) There shall be established a Camden Yards Stadium 
Complex Area Committee. The Conunittee shall be comprised of duly 
appointed representatives of existing residential permit parking areas, 
community associations, business associations, religious, educational 
and non-profit institutions in the Camden Yards Stadium Complex area, 
the Commissioners of Police and Transportation, and the Director of the 
Stadium Authority. The Committee shall consider and make 
recommendations concerning any changes to the Camden Yards 
Stadium Complex area residential permit parking program under 
consideration by the Department of Transportation. 

(6) The Residential Permit Parking Program for Stadium 
Event Restrict Parking Program - Area A (South Baltimore), Area B 
(Washington Village), and Area 5 (Ridgel/s Delight) shall provide 



85 



Ord. No. 194 



permits for the businesses located within Area A, Area B, and Area 5 to 
the same extent they are provided to the residents. 

(7) IN THE CAMDEN YARDS STADIUM COMPLEX AREA, 
BLOCK FACES WHICH ARE RESIDENTIAL IN USE SHALL BE ELIGIBLE 
FOR RESIDENTIAL PERMIT PARKING PRIVILEGES. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 31, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 194 

(Council Bill No. 430) 

AN ORDINANCE concerning 

CITY STREET - CHANGE OF NAME 

FOR the purpose of changing the name of Jorgensen Road between 
Cherry Hill Road and Erick Street to Metal Lane. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the name of Jorgensen Road between 
Cherry Hill Road and Erick Street be and it is hereby changed, and it 
shall hereafter be known as Metal Lane. 

SEC. 2. AND BE IT FURTHER ORDADsIED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved March 31, 1993 

KURT L. SCHMOKE, Mayor 



86 



Ord. No. 195 



CITY OF BALTIMORE 

ORDINANCE NO. 195 

(CouncU BUI No. 488) 

AN ORDINANCE concerning 

URBAN RENEWAL - CHARLES/NORTH REVITAUZATION AREA - 
AMENDMENT NO. 4 

FOR the purpose of amending the Urban Renewal Plan for the 
Charles/North Revitalization Area to (1) deleting the goal of 
promoting entertainment business activity in the area; -(4^ [21 ^^^ 
restaurants and banquet halls with entertainment or dandng to the 
list of uses requiring authorization by the Board of Municipal and 
Zoning Appeals in the Community Commercial and the Central 
Commercial Districts; 43> {3} waive such requirements, if any, as to 
content or procedure for the preparation, adoption, and approval 
of renewal plans as set forth in Article 13 of the Baltimore Qty 
Code (1983 Replacement Volume, as amended) which the Renewal 
Plan for Charles/North Revitalization Area may not meet; 4^ 14} 
provide for the severability of the various parts and applications of 
this ordinance; (4^ {5} provide that where the provisions of this 
ordinance shall conflict with any other ordinance, code, or 
regulation in force in the Qty of Baltimore, the provision which 
establishes the higher standard shall prevail; and ^ {6} provide 
for an effective date thereof. 

WHEREAS, An Urban Renewal Plan for the Charles/North 
Revitalization Area was first approved by the Mayor and Qty Council of 
Baltimore by Ordinance No. 799, dated October 25, 1982 and last 
amended by the Mayor and Qty Council by Ordinance No. 546, dated 
June 20, 1990; and 

WHEREAS, Pursuant to Article 13 of the Baltimore Qty Code 
(1983 Replacement Volume, as amended), no substantial change or 
changes shall be made in any renewal plan, after approval by ordinance, 
without such change or changes first being adopted and approved in the 
same manner as set forth in said Article 13 for the approval and 
adoption of a renewal plan by an ordinance of the Mayor and City 



87 



Ord. No. 195 



Council of Baltimore after a public hearing in relation thereto, all in the 
manner set forth in said Article 13; and 

WHEREAS, In accordance with the provisions of Section 25(h) of 
said Article 13, when a Council Member initiates an amendment to an 
existing renewal plan, such bill shall be sent to the Department of 
Housing and Community Development and to the Planning Commission 
for recommendation and report; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCHY OF BALTIMORE, That the following amendments and 
changes to the Renewal Plan for the Charles/North Revitalization Area, 
having been duly reviewed and considered, are hereby approved and 
the Qerk of the Qty Coimcil is hereby directed to file a copy of said 
amended Renewal Plan, revised to include Amendment No. 4, dated 
December 1, 1992, with the Department of Legislative Reference as a 
permanent public record and to make the same available for public 
inspection and information: 

On page 2, Section A.2, Plan Objectives, amend subsection 
d. as follows: 

d. promoting new retail [and entertainment] 
business activity in the area; 

On page 3, Section B.2.a., Permitted Uses, amend subsections 
(3) and (4) as follows: 

(3) Communitv Commercial 

In the area designated as Commimity Conunerdal on the 
Land Use Plan Map, uses shall be limited to those 
permitted under the B-3 category of the Zoning 
Ordinance of Baltimore Qty, except for amusement 
establishments including archery ranges; shooting 
galleries; kiddie parks; golf driving ranges; pitch and 
putt; miniature golf courses and other similar facilities; 
amusement parks and permanent carnivals; community 
correction centers; drug abuse rehabilitation and 
treatment centers; palmists; pawn shops; peep show 
establishments; pool halls and billiard parlors; fraternity 
and sorority houses; homes for the rehabilitation of non- 
bedridden alcoholic persons and for the care and custody 



88 



Ord. No. 195 



of homeless persons; hiring halls and work distribution 
centers; stables for horses; private clubs and after-hours 
estabUshments. RESTAURANTS AND BANQUET HALLS 
WITH LIVE ENTERTAINMENT AND/OR DANCING TO 
LIVE OR RECORDED MUSIC MUST RECEIVE 
CONDITIONAL USE AUTHORIZATION FROM THE 
BOARD OF MUNICIPAL AND ZONING APPEALS. THIS 
PROVISION SHALL BE ADMINISTERED AS A 
CONDITIONAL USE AS OUTLINED IN THE PROVISIONS 
OF SECTIONS 11.0-2B AND 11.0-5A OF THE ZONING 
CODE. 



(4) Central Commercial 

In the area designated as Central Commercial on the 
Land Use Plan Map, uses shall be limited to those 
permitted under the B-5 category of the Zoning 
Ordinance of Baltimore Qty, except for amusement 
establishments including archery ranges; shooting 
galleries; kiddie parks; golf driving ranges; pitch and 
putt; miniature golf courses and other similar facilities; 
amusement parks and permanent carnivals; community 
correction centers; drug abuse rehabilitation and 
treatment centers; novelty shops; palmists; pawn shops; 
peep show establishments; pool halls and billiard parlors; 
fraternity and sorority houses; rescue missions; homes 
for the rehabilitation of non-bedridden alcoholic persons 
and for the care and custody of homeless persons; 
private clubs and after-hours establishments. 
RESTAURANTS AND BANQUET HALLS WITH LIVE 
ENTERTAINMENT AND/OR DANCING TO LIVE OR 
RECORDED MUSIC MUST RECEIVE CONDITIONAL USE 
AUTHORIZATION FROM THE BOARD OF MUNICIPAL 
AND ZONING APPEALS. THIS PROVISION SHALL BE 
ADMINISTERED AS A CONDITIONAL USE AS OUTLINED 
IN THE PROVISIONS OF SECTIONS 11.0-2B AND 11.0- 
5A OF THE ZONING CODE. 

SEC. 2. AND BE IT FURTHER ORDAINED, That in whatever 
respect, if any, the amended Renewal Plan approved hereby for the 
Charles/North Revitalization Area may not meet the requirements as to 



89 



Ord. No. 195 



the content of a renewal plan or the procedures for the preparation, 
adoption, and approval of renewal plans, as provided in Article 13 of 
the Baltimore Qty Code (1983 Replacement Volmne, as amended), the 
said requirements are hereby waived and the amended Renewal Plan 
approved hereby is exempted therefrom. 

SEC. 3. AND BE IT FURTHER ORDAINED, That in the event it be 
judicially determined that any word, phrase, clause, sentence, 
paragraph, section or part in or of this ordinance, or the application 
thereof to any person or circimistances is invalid, the remaining 
provisions and the application of such provisions to other persons or 
circumstances shall not be affected thereby, the Mayor and Qty Council 
hereby declaring that they would have ordained the remaining 
provisions of this ordinance without the word, phrase, clause, sentence, 
paragraph, section or part, or the application thereof so held invalid. 

SEC. 4. AND BE IT FURTHER ORDAINED, That in any case where 
a provision of this ordinance concerns the same subject matter as an 
existing provision of any zoning, building, electrical, plumbing, health, 
fire or safety ordinance or code or regulation, the applicable provisions 
concerned shall be construed so as to give effect to each; provided, 
however, that if such provisions are found to be in irreconcilable 
conflict, the provision which establishes the higher standard for the 
promotion of the public health and safety shall prevail. In any case 
where a provision of this ordinance is found to be in conflict with an 
existing provision of any other ordinance or code or regulation in force 
in the Qty of Baltimore which establishes a lower standard for the 
promotion and protection of the public health and safety, the provision 
of this ordinance shall prevail, and the other existing provision of such 
other ordinance or code or regulation is hereby repealed to the extent 
that it may be found in conflict with this ordinance. 

SEC. 5. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved April 1, 1993 

KURT L. SCHMOKE, Mayor 



90 



Ord. No. 196 



CITY OF BALTIMORE 

ORDINANCE NO. 196 

(CouncU Bill No. 184) 

AN ORDINANCE concerning 

REZONING - 122, 124 AND 126 S. STOCKTON STREET 

FOR the purpose of changing the zoning for the properties known as 
122, 124 and 126 S. Stockton Street from the R-8 Zoning District 
to the B-3-2 Zoning District. 

BY amending Zoning District Maps 
Sheet No. 54 
Article 30 - Zoning 
Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Sheet No. 54 of the Zoning District 
Maps of Article 30-Zoning of the Baltimore Qty Code (1983 
Replacement Volume, as amended) title "Zoning" be and it is hereby 
amended by changing from the R-8 Zoning District to the B-3-2 Zoning 
District the properties known as 122, 124 and 126 S. Stockton Street, as 
outlined in red on the plat accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the Qty Council, as evidence of the authenticity of the 
plat which is a part hereof and in order to give notice to the 
departments which are administering the Zoning Ordinance, the 
President of the Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the 
following: the Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of Housing and 
Community Development, the Supervisor of Assessments for Baltimore 
Qty and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 



91 



Ord. No. 197 
Approved April 20, 1993 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 197 

(CoimcU Bill No. 318) 

AN ORDINANCE concerning 

ZONING - SPECIAL EXCEPTION EXTENSIONS 

FOR the purpose of extending the time limit for special exceptions 
which may be granted by the Board of Municipal and Zoning 
Appeals. 

BY repealing and reordaining with amendments 
Article 30 - Zoning 
Section 11.0-3i 
Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 30 - ZONING 

Chapter 11 - Administration and Enforcement 

11.0-3 The Board of Municipal and Zoning Appeals. 

i. Lapse of Permit. Whenever an application for a permit is 
approved under the provisions of this ordinance, either by the Zoning 
Administrator, by the Board, by any comt of competent jurisdiction, or 
by any municipal agency, the permit shall be obtained and the privilege 
granted thereunder shall be exercised by the grantee therein named 
within 12 months from the date of the final action which made the 
permit valid, and, if not exercised within that time, shall automatically 
lapse and shall become null and void; and further, any permit, the 
application for which has been approved in pursuance of an ordinance 



92 



Ord. No. 198 



of the Mayor and Qty Council, shall be exercised within 12 months 
from the date of the approval of said ordinance. However, upon a 
showing of reasonable cause by the applicant filed in writing, the Board 
may authorize extension of the time limit for further periods, each of 
which shaU not exceed 12 months without public hearing and notice. 
THE BOARD MAY, ^fQTWTTHSTANDI^JG THE FOREGOING^ AFTER 
PUBLIC NOTICE A>rt) HEi^RING, GRA>JT AN E>n^JSIQN TO THE TIME 
GRi^>JTED I>J THE ORIGI>JiU APPROVAL FOR SPECIAL 
CIRCU\4STANCES PRESENTED BY THE APPLICANT BUT IN NO CASE 
SHi ^ ^LL THIS EXTENSION EXCEED FOUR YE.\RSi IN THE B-4 AND B-5 
DISTRICTS THE BOARD MAY, AFTER PUBLIC NOTICE AND HEARING 
AND FOR GOOD CAUSE SHOWN. EXTEND THE LIFE OF AN ORIGINAL 
PERMIT OR GRANT AN EXTENSION TO AN ORIGINAL PERMIT. FOR 
A PERIOD NOT TO EXCEED 48 MONTHS. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved April 20, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 198 

(Council BUI No. 351) 

AN ORDINANCE concerning 

CITY PROPERTY - RIGHT OF WAY AND TEMPORARY EASEMENT, 
NEWKIRK AND PONCA STREETS 

FOR the purpose of authorizing the acquisition by purchase or 

condemnation by the Mayor and Qty Council of Baltimore of the 
fee simple interests or such other interests as the Commissioner of 
Transportation may deem necessary or sufficient, in and to certain 
pieces or parcels of land situate in Baltimore Qty for PubUc Utility 
Right of Way for the Ponca Street Storm Drain Outfall and for 
other municipal utilities and services through a portion of the 
property known as Lot 10 of Ward 26, Section 2, Block 6587 and 
No. 1610 S. Newkirk Street for Baltimore Qty Contract No. 3361; 



93 



Ord. No. 198 



the location being shown on plats thereof numbered R.W. 20- 
35796 and R.W. 20-35797 prepared by the Survey Control Section 
and filed in the Office of the Director of the Department of Public 
Works on the Sixth (6th) day of May, 1992. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 32 

Baltimore Gty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That it is necessary to acquire by purchase 
or condemnation for PubUc Utility Right of Way purposes, namely, for 
the construction and maintenance of the Ponca Street Storm Drain 
Outfall and/or other municipal utilities and services through a portion 
of the property known as Lot 10 of Ward 26, Section 2, Block 6587 and 
No. 1610 S. Newkirk Street for Baltimore City Contract No. 3361, the 
fee simple interests or such other interests as the Commissioner of 
Transportation may deem necessary, in and to the pieces or parcels of 
land, situate in Baltimore Qty, including the improvements tiiereon, 
bounded as follows: 

Beginning for a Right of Way for municipal utilities and services at 
a point on the south side of Boston Street, 70 feet wide, distant 737.93 
feet measiured along the south side of said Boston Street from the west 
side of Newkirk Street, 60 feet wide, and running thence binding on the 
southeast and east outlines of Lot 10 of Ward 26, Section 2, Block 6587, 
also known as Parcel 7 of Exhibit 4 of a deed from the Canton Company 
of Baltimore to David H. Murdock d/b/a Murdock Investment Company, 
dated April 24, 1986 and recorded among the Land Records of 
Baltimore Qty in Liber S.E.B. No. 862, Folio 213, the three following 
courses and distances; namely South 48**02'01" West 151.73 feet, by a 
line curving to the left with a radius of 355.78 feet the distance of 
252.97 feet which arc is subtended by a chord bearing South 16**5754'' 
West 247.67 feet and Soutii 03°24'16" East 25.51 feet; thence by a 
straight line through the property now or formerly owned by the 
Murdock bivestment Company, South 86*35*44" West 30.00 feet to 
intersect the west outline of said Lot 10, also known as Parcel 7 of 
Exhibit 4 of said deed; thence binding on the west and northwest 
outlines of said Lot 10, also known as Parcel 7 of Exhibit 4 of said deed, 
the three following courses and distances; namely. North 03°24'16" 



94 



Ord. No. 198 



West 25.51 feet, by a line cuiving to the right with a radius of 385.78 
feet the distance of 277.17 feet which arc is subtended by a chord 
bearing North 17n0'40.5" East 271.24 feet and North 48**02'01" East 
117.68 feet to intersect the south side of said Boston Street and thence 
binding on the south side of said Boston Street, North 87''13'41'' East 
47.48 feet to the place of beginning. 

Containing 12,759.71 square feet or 0.2929 acre of land, more or 
less, and shown on a plat thereof numbered R.W. 20-35796. 

Beginning for a Temporary Easement for Construction at a point 
on the south side of Boston Street, 70 feet wide, distant 737.93 feet 
measured along the south side of said Boston Street from the west side 
of Newldrk Street, 60 feet wide, and nmning thence binding on the 
south side of said Boston Street, North 87°13'41'' East 23.73 feet; thence 
by straight lines for a temporary easement for construction through the 
property now or formerly owned by the Exxon Corporation the four 
following courses and distances; namely, South 48°02'01" West 168.69 
feet, by a line curving to the left with a radius of 340.78 feet the 
distance of 240.91 feet which arc is subtended by a chord bearing South 
16°50'53.5" West 235.93 feet, South 03"24'16" East 25.51 feet and 
South 86''35'44" West 15.00 feet to intersect the sixth line of the parcel 
of land conveyed by the Canton Company of Baltimore to the Standard 
Oil Company of New Jersey by deed dated October 26, 1920 and 
recorded among the Land Records of Baltimore City in Liber S.C.L No. 
3646, Folio 566, and thence binding on part of the sixth line of said 
deed, to the end thereof, and on the seventh and eighth lines of said 
deed, the three following courses and distances; as now surveyed, 
namely, North 03^*24' 16" West 25.51 feet, by a line curving to the right 
with a radius of 355.78 feet the distance of 252.97 feet which arc is 
subtended by a chord bearing North 16°5T54" East 247.67 feet, and 
North 48°02'01'' East 151.73 feet to the place of beginning. 

Containing 6,488.51 square feet or 0.1490 acre of land, more or 
less, and shown on a plat thereof numbered R.W. 20-35797. 

All courses and distances in the above descriptions are referred to 
as true meridian as adopted by the Baltimore Survey Control System. 

Including all property, rights, interests, easements and/or 
franchises necessary for said Public Utility Right of Way and the 
construction and maintenance of said Ponca Street Storm Drain Outfall 



95 



Ord. No. 198 



and/or other municipal utilities and services in said Public Utility Right 
of Way, the location and course of said Public Utility Right of Way being 
shown on plats thereof numbered R.W. 20-35796 and R.W. 20-35797 
prepared by the Survey Control Section and filed in the office of the 
Director of the Department of Public Works on the Sixth (6th) day of 
May, 1992. 

Any mention or reference to any streets, roads, avenues, highways 
or alleys in this Ordinance or on the plat referred to herein are for the 
purpose of description only and shall not be held or taken to be any 
evidence whatever that said streets, roads, avenues, highways, alleys or 
any of them, are public, dedicated or private thoroughfares. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the Commissioner 
of Transportation or the person or persons the Board of Estimates of 
Baltimore Qty may hereafter from time to time designate, is or are 
hereby authorized to acquire on behalf of the Mayor and Qty Council of 
Baltimore, and for the purposes described in this Ordinance, the fee 
simple interests or such other interests as the said Commissioner may 
deem necessary or sufficient, in and to said pieces or parcels of land 
and improvements thereupon, including all property, rights, interests, 
easements and/or franchises necessary for said Public Utility Right of 
Way and the construction and maintenance of said Ponca Street Storm 
Drain Outfall and/or other municipal utilities and services in said Public 
Utility Right of Way. If the said Commissioner of Transportation, or 
person or persons the Board of Estimates of Baltimore Qty may 
designate are imable to agree with the owner or owners on the 
purchase price of any of the said pieces or parcels of land and 
improvements thereupon or for any of the said properties, rights, 
interests, easements and/or franchises, they shall forthwith notify the 
Qty Solicitor of Baltimore Qty who shall thereupon institute in the 
name of the Mayor and Qty Council of Baltimore the necessary legal 
proceedings to acquire by condemnation the fee simple interests or such 
other rights, interests, easements and/or firanchises as the said 
Commissioner may deem necessary or sufficient for the purposes of said 
Public Utility Right of Way. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the proceedings 
for the acquisition by condemnation of the property and rights herein 
described and the rights of all parties interested or affected thereby shall 
be regulated by and be in accordance with the provisions of The Real 
Property Article of the Annotated Code of Maryland (1974), Title 12; 
Section 101 Et. Seq. and any and all amendments thereto. 



96 



Ord. No. 199 



SEC. 4. AND BE IT FURTHER ORDAINED, That the said 
Commissioner of Transportation or person or persons the Board of 
Estimates of Baltimore Qty may designate are also hereby authorized to 
negotiate for and to enter into in the name of the Mayor and Qty 
Comicil of Baltimore, any and all necessary agreements with the Federal 
and State Governments, or any of their agencies, and any other persons, 
firms or corporations, in aid of, in furtherance of, or in connection with 
said Public Utility Right of Way; all such acquisitions and agreements to 
be subject to the approval of the Board of Estimates. 

SEC. 5. AND BE IT FURTHER ORDAINED, That after the necessary 
agreements have been made and the necessary properties, lands, rights, 
easements and/or franchises have been acquired as hereinbefore 
provided, the Commissioner of Transportation of Baltimore Qty is 
hereby authorized and directed to construct or cause to be constructed 
the said Ponca Street Storm Drain Outfall and/or other municipal 
utilities and services in said Public Utility Right of Way, all in 
accordance with detailed plans hereafter to be prepared therefor and 
after said plans have been approved by the said Commissioner of 
Transportation. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved April 20, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 199 

(Council Bill No. 352) 

AN ORDINANCE concerning 

CITY PROPERTY - OPENING, WIDENING, GRADING, 
CONSTRUCTION AND MAINTENANCE OF CENTRE STREET 

FOR the purpose of authorizing the acquisition by purchase or 

condemnation by the Mayor and Qty Council of Baltimore of the 
fee simple interests or such other interests as the Commissioner of 



97 



Ord. No. 199 



the Department of Transportation may deem necessary or 
sufficient, in and to certain pieces or parcels of land situate in 
Baltimore Qty, for highway purposes, namely for the opening, 
widening, grading, construction and maintenance of Centre Street 
from Fallsway to Monument Street and authorizing the acquisition 
by purchase or condemnation of any property, rights, interests, 
easements and/or franchises necessary for the opening, grading, 
construction and maintenance of said Centre Street; and 
authorizing the making of all necessary agreements concerning said 
Centre Street; and authorizing the construction of said Centre 
Street; the location and course being shown on plats thereof 
numbered 117-A-49A Sheets 1, 2 and 3, filed in the office of the 
Director of the Department of Public Works on the Twenty-sixth 
(26th) day of February in the year of 1992, prepared by die Survey 
Control Section of the Department of Public Works. 

BY authority of 

Article I - General Provisions 

Section - 4 

Article II - General Powers 

Section - 2, 34 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That it is necessary to acquire by purchase 
or condemnation for public highway purposes, namely, for the opening, 
widening, grading, construction and maintenance of Centre Street from 
Fallsway to Monument Street, the fee simple interests or such other 
interests as the Commissioner of the Department of Transportation may 
deem necessary in and to the pieces or parcels of land, situate in 
Baltimore Qty, including the improvements thereon, bounded as 
follows: 

Beginning for the same at the point formed by the intersection of 
the east side of Fallsway, varying in width, and the south side of 
Terminal Street, 30 feet wide, and running thence binding on the south 
side of said Terminal Street, North 80**52'36" East 41.26 feet to intersect 
the southeast side of Centre Street, 44 feet wide; thence binding on the 
southeast side of said Centre Street, South 38°19'02'' West 54.16 feet to 
intersect the northeast side of said Fallsway and thence binding on the 
northeast and east sides of said Fallsway the two following courses and 
distances; namely. North 24*29^00" West 4.16 feet and North 09°35'00'' 
West 32.61 feet to the place of beginning. 



Ord. No. 199 



Containing 773.21 square feet of land. 

All as shown on the plat numbered 117-A-49A Sheet 1 of 3. 

Beginning for the same at the point formed by the intersection of 
the east side of Buren Street, 60 feet wide, and the south side of 
Monument Street, 66 feet wide, and running thence binding on the 
south side of said Monument Street, North 87*'03'00" East 102.33 feet to 
intersect the west side of Courtney Street, 20 feet wide; thence binding 
on the west side of said Courtney Street, South 04°56'10'' East 15.20 
feet to intersect the southeast side of Centre Street, varying in width; 
thence binding on the southeast side of said Centre Street, by a line 
curving to the left with a radius of 302.00 feet the distance of 111.96 
feet which arc is subtended by a chord bearing South 54**59'23" West 
111.32 feet to intersect the east side of said Buren Street and thence 
binding on the east side of said Buren Street, North 09**29'10'' West 
74.77 feet to the place of beginning. 



less. 



Containing 4,147.73 square feet or 0.0952 acre of land, more or 



All as shown on the plat numbered 117-A-49A Sheet 2 of 3. 



Beginning for the same at the point formed by the intersection of 
the west side of Buren Street, 60 feet wide, and the north side of 
Terminal Street, 30 feet wide, and running thence binding on the north 
side of said Terminal Street, South 80**52'36'' West 64.96 feet to 
intersect the northwest side of Centre Street, 44 feet wide; thence 
binding on the northwest side of said Centre Street, North 38*'19'02" 
East 87.68 feet to intersect the west side of said Buren Street and 
thence binding on the west side of said Buren Street, South 09°29'10'' 
East 59.30 feet to the place of beginning. 

Containing 1,925.93 square feet of land. 

All as shown on the plat numbered 117-A-49A Sheet 3 of 3. 

All courses and distances in the above descriptions are referred to 
as true meridian as adopted by the Baltimore Survey Control System. 

Including all property, rights, interests, easements and/or 
franchises necessary for the opening, widening, grading, construction 



99 



Ord. No. 199 



and maintenance of said Centre Street, the location and course of said 
Centre Street being shown on plats thereof numbered 117-A-49A Sheets 
1, 2 and 3, filed in the office of the Director of the Department of Public 
Works on the Twenty-sixth (26th) day of February in the year of 1992, 
prepared by the Survey Control Section of the Department of Public 
Works. 

Any mention or reference to any streets, roads, avenues, highways 
or alleys in this Ordinance or on the plats referred to herein are for the 
purpose of description only, and shall not be held or taken to be any 
evidence whatever that said streets, roads, avenues, highways, alleys or 
any of them, are public, dedicated or private thoroughfares. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the Commissioner 
of the Department of Transportation or the person or persons the Board 
of Estimates of Baltimore Qty may hereafter from time to time 
designate, is or are hereby authorized to acquire on behalf of the Mayor 
and Qty Council of Baltimore, and for the purposes described in this 
Ordinance, the fee simple interests or such other interests as the said 
Commissioner may deem necessary or sufficient, in and to said pieces or 
parcels of land and improvements thereupon, including all property, 
rights, interests, easements and/or franchises necessary for the opening, 
widening, grading, construction and maintenance of said Centre Street. 
If the said Commissioner of the Department of Transportation, or person 
or persons the Board of Estimates of Baltimore Qty may designate are 
unable to agree with the owner or owners on the purchase price of any 
of the said pieces or parcels of land and improvements thereupon or for 
any of the said properties, rights, interests, easements and/or franchises, 
they shall forthwith notify the Qty Solicitor of Baltimore Qty who shall 
thereupon institute in the name of the Mayor and Qty Council of 
Baltimore the necessary legal proceedings to acquire by condemnation 
the fee simple interests or such other rights, interests, easements and/or 
franchises as the said Commissioner may deem necessary or sufficient 
for the purposes of said Centre Street. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the proceedings 
for the acquisition by condemnation of the property and rights herein 
described and the rights of all parties interested or affected thereby shall 
be regulated by and be in accordance with the provisions of the Real 
Property Article of the Annotated Code of Maryland (1974), Title 12, 
Section 101 Et Seq. and any and all amendments thereto. 



100 



I 



Ord. No. 200 



SEC. 4. AND BE IT FURTHER ORDAINED, That the said 
Commissioner of the Department of Transportation or person or persons 
the Board of Estimates of Baltimore Qty may designate are also hereby 
authorized to negotiate for and to enter into the name of the Mayor and 
Qty Council of Baltimore, any and all necessary agreements with the 
Federal and State Governments, or any of their agencies, and any other 
persons, firms or corporations, in aid of, in furtherance of, or in 
cormection with said Centre Street; all such acquisitions and agreements 
to be subject to the approval of the Board of Estimates. 

SEC. 5. AND BE IT FURTHER ORDAINED, That after the necessary 
agreements have been made and the necessary properties, lands, rights, 
easements and/or franchises have been acquired as hereinbefore 
provided, the Commissioner of the Department of Transportation of 
Baltimore Qty is hereby authorized and directed to construct or cause 
to be constructed the said Centre Street, all in accordance with detailed 
plans hereafter to be prepared therefor and after said plans have been 
approved by said Commissioner of the Department of Transportation. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved April 20, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 200 

(Council BUI No. 397) 

AN ORDINANCE concerning 

CITY PROPERTY SALE - 2311 N. HOWARD STREET 

FOR the purpose of authorizing the Mayor and Qty Council of of 

Baltimore to sell at either public or private sale all of the interest 
of the Mayor and Qty Council of Baltimore in and to a certain 
parcel of land situated at 2311 N. Howard Street, said parcel of 
land and improvements being no longer needed for public use. 



101 



Ord. No. 201 



BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore Qty Qiarter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Comptroller of Baltimore Qty be 
and she is hereby authorized to sell, at either public or private sale in 
accordance with Article V, Section 5(b) of the Qty Charter (1964 
Revision, as amended), all of the interest of the Mayor and Qty Council 
of Baltimore in and to a certain parcel of land situated 2311 N. Howard 
Street and described as follows: 

2311 N. Howard Street (Ward 12, Section 6, Block 3622, Lot 2) a 
2,925 + square foot parcel of land improved with a two story former 
church. 

Said property being no longer needed for public use. 

All courses and distances in the above description are referred to as 
true meridian as adopted by the Baltimore Survey Control System. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith imtil the same shall have been 
approved by the Qty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved April 20, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 201 
(Council Bill No. 449) 
AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - LYNDALE AVENUE 



102 



Ord. No. 202 



FOR the purpose of repealing Ordinance No. 1173, approved December 
7, 1987, which provided for reserved handicapped parking on the 
north side of Lyndale Avenue west of Chesterfield Avenue for 
Edgar Taylor. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 1173, approved 
December 7, 1987 is hereby repealed and the authorization for reserved 
handicapped parking on the north side of Lyndale Avenue west of 
Chesterfield Avenue for Edgar Tayor therein provided, is hereby 
rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved April 20, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 202 

(Council Bill No. 450) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - PAYSON STREET 

FOR the purpose of repealing Ordinance No. 948, approved May 24, 
1983, which provided for reserved handicapped parking on the 
east side of Payson Street south of Eagle Street for Milton J. Riehl. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 948, approved May 24, 
1983, is hereby repealed and the authorization for reserved 
handicapped parking on the east side of Payson Street south of Eagle 
Street for Milton J. Riehl therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



103 



Ord. No. 203 



Approved April 20, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 203 

(Council BUI No. 451) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - WHISTLER AVENUE 

FOR the purpose of repealing Ordinance No. 799, approved October 22, 
1986, which provided for reserved handicapped parking on the 
south side of Whistler Avenue east of Carroll Street for George L. 
Foreman. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 799, approved October 
22, 1986, is hereby repealed and the authorization for reserved 
handicapped parking on the south side of Whistler Avenue east of 
Carroll Street for George L. Foreman therein provided, is hereby 
rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved April 20, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 204 
(Council BUI No. 456) 
AN ORDINANCE concerning 

REPEAL OF CITY PROPERTY SALE ORDINANCE 



104 



Ord. No. 205 



FOR the purpose of repealing Ordinance No. 91, approved July 1, 1992, 
which provided for the sale of the land and improvements located 
at 1426 E. Fort Avenue. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordmance No. 91, approved July 1, 
1992, is hereby repealed and the authorization for the sale of the land 
and improvements located at 1426 E. Fort Avenue is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved April 20, 1993 

KURT L. SCHMOKE, Mayor 



I 



CITY OF BALTIMORE 

ORDINANCE NO. 205 

(Council Bill No. 441) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

NURSING HOME (DOMICILL^RY CARE) - 

108 S. ATHOL STREET AVENUE 

FOR the purpose of granting permission for the establishment, 

maintenance and operation of a nursing home (domiciliary care) 
for no more than 16 occupants on the property known as 108 S. 
Athol Str e et Avenue, as outlined in red on the plats accompanying 
this ordinance, subject to final licensure by the State Department of 
Health and Mental Hygiene. 

BY authority of 

Article 30 - Zoning 

Sections A , 7 Id 1 4.5-ld-l and 11.0-6d 

Baltimore Qty Code (1983 Replacement Volume, as amended) 
and 
Article 12 - Hospitals 



105 



Ord. No. 206 



Section 1 

Baltimore Qty Code (1983 Replacement Volimie, as amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of a nm^ing home 
(domiciliary care) for no more than 16 occupants on the property 
known as 108 S. Athol Street Avenue, as outlined in red on ihe plats 
accompanying this ordinance, under the provisions of Sections Ai7 Id 1 
4.5-ld-l and 11.0-6d of Article 30 of the Baltimore Qty Code (1983 
Replacement Volimie, as amended) title "Zoning", and Section 1 of 
Article 12, tide "Hospitals" of the Baltimore Qty Code (1983 
Replacement Volume, as amended), subject to final licensure by the 
State Department of Health and Mental Hygiene. 

SEC. 2. AND BE IT FURTHER ORDADsIED, That upon passage of 
this ordinance by the Qty Coimcil, as evidence of the authenticity of the 
plat which is a part hereof and in order to give notice to the 
departments which are administering the Zoning Ordinance, the 
President of the Qty Coimcil shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the 
following: The Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of Housing and 
Community Development, the Supervisor of Assessments for Baltimore 
Qty and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved April 21, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 206 
(Council Bill No. 455) 
AN ORDINANCE concerning 



106 



Ord. No. 206 



CITY PROPERTY SALE 

FOR the purpose of authorizing the Mayor and Qty Council of of 

Baltimore to sell at either public or private sale all of the interest 
of the Mayor and Qty Council of Baltimore in and to a certain 
parcel of land situated on Owings Mills Boulevard in Baltimore 
County. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Comptroller of Baltimore Qty be 
and she is hereby authorized to sell, at either public or private sale in 
accordance with Article V, Section 5(b) of the Qty Charter (1964 
Revision, as amended), all of the interest of the Mayor and Qty Council 
of Baltimore in and to a certain parc e l of land situated on Owings Mills 
Boulevard owned by the Mayor and Qty Council of Baltimore and 
r e cord e d in a d ee d shovm as lots Nos. 1 and 3 on the final subdivision 
of the former Colt Complex filed among the Land Records of Baltimore 
County on December 22, 1992 in Liber SM65, Folio 24, containing 
56.1437 acres more or less. 

Said property being no longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
approved by the Qty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved April 21, 1993 

KURT L. SCHMOKE, Mayor 



107 



Ord. No. 207 

Cny OF BALTIMORE 

ORDINANCE NO. 207 

(Council Bill No. 481) 

AN ORDINANCE concerning 

AMENDMENT TO ORDINANCE 793 (1975) 

FOR the purpose of amending Ordinance No. 793, approved February 
10, 1975, in order to remove a parcel from the property authorized 
to be acquired for highway purposes. 

BY authority of 

Article 2 - General Powers 

Section (2) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 793, approved February 
10, 1975, entided 

"An Ordinance authorizing the acquisition by purchase or 
condemnation by the Mayor and Qty Council of Baltimore of the 
fee simple interests or such other interests as the Director of the 
Department of Public Works may deem necessary or sufficient, in 
and to certain pieces or parcels of land situate in Baltimore Qty, 
for public highway purposes, namely for the opening, widening, 
grading, construction and maintenance of those portions of 
Interstate Route No. 95 Through (Limited Access) Highway (1) 
extending from the west side of the Middle Branch Patapsco River, 
Easterly and Northeasterly to OTDonnell Street, (2) a portion of Mt. 
Carmel Cemetery and (3) a proposed access road extending from 
Key Highway at Key Highway East, Easterly, Northerly, and 
Easterly to the westernmost extremity of Nicholson Street and 
authorizing the acquisition by purchase or condemnation of any 
property, rights, interests, easements and/or franchises necessary 
in the opening, widening, grading, construction and maintenance 
of said through (limited access) highway; and authorizing the 
making of all necessary agreements concerning said through 
(limited access) highway; and authorizing the construction of said 
through (limited access) highway; the location and course of said 



108 



Ord. No. 207 



through (limited access) highway being shown on a plat thereof 
numbered 217-A-36, prepared by the Surveys and Records Division 
and filed in the office of the Director of the Department of Public 
Works on the Eighteenth (18th) day of November, 1974." 

be and it is hereby amended by deleting the pieces or parcels of land 
bounded as follows: 

BEGINNING for the same on the north side of Key Highway East, 
66 feet wide, at the southwestemmost comer of Lot 1 as laid out and 
shown on a plat entitled "Subdivision Plat, Property of CSX 
Transportation, Inc." dated August 20, 1992 and recorded among the 
Land Records of Baltimore Qty, Maryland in Plat Pocket Folder S.E.B. 
3426, said comer also being at the begiiming of the twelfth or 
Northwesterly 160 feet line of Parcel No. 7 described in Ordinance No. 
793, approved Febmary 10, 1975, thence nmning and binding on the 
north side of Key Highway East and also binding on said twelfth line, 
with all courses of this description referred to the meridian adopted in 
the Baltimore Qty Survey Control System, 

(1) North 65° 44' 39" West 160.00 feet, thence leaving the north 
side of Key Highway East and running and binding on the thirteenth 
line of said Parcel No. 7, 

(2) North 69** 15' 21" East 226.27 feet to intersect the westernmost 
line of Lot 1 aforesaid at a point distant 160.00 feet from Key Highway 
East, thence running and continuing to bind on the outlines of the 
aforesaid Ordinance Parcel No. 7 and also binding on the outlines of Lot 
1 aforesaid, the four following courses and distances, viz: 

(3) North 24° 15' 21" East 576.74 feet, 

(4) 210.12 feet along the arc of a curve to the right having a 
radius of 425.40 feet and subtended by a long chord bearing North 38® 
24' 20" East 207.99 feet, 

(5) North 52° 33' 21" East 149.71 feet, and 

(6) South 42° 59' 27" East 6.73 feet, thence running across Parcel 
No. 7 aforesaid and continuing to bind on the outlines of Lot 1 
aforesaid, the six following courses and distances, viz: 



109 



Ord. No. 208 



(7) South SO*' 04' 14" West 69.22 feet, 

(8) 212.08 feet along the arc of a curve to the left having a radius 
of 769.78 feet and subtended by a long chord bearing South 33** 44' 07" 
West 211.41 feet, 

(9) South 25*' 50' 33" West 139.41 feet, 

(10) 92.36 feet along the arc of a curve to the left having a radius 
of 1175.00 feet and subtended by a long chord bearing South 28° 05' 
40" West 92.33 feet, 

(11) South 30** 20' 46" West 68.89 feet, and 

(12) 428.07 feet along the arc of a curve to the left having a radius 
of 1145.00 feet and subtended by a long chord bearing South 19° 38' 
09" West 425.58 feet to intersect the sixth line of Parcel No. 7 aforesaid, 
thence running across Lot 1 and binding on a part of said sixth line, 

(13) South 24° 15' 21" West 72.62 feet to intersect the 
southernmost line of Lot 1 aforesaid, thence leaving the aforesaid sixth 
line and binding on a part of the southernmost line of Lot 1, 

(14) North 65° 44' 39" West 80.00 feet to the point of beginning; 
containing 1.4954 acres of land, more or less. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved April 21, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 208 
(Council Bill No. 64) 
AN ORDINANCE concerning 

ZONING CODE B & B HQMESTAYS 



110 



Ord. No. 208 



FOR th e purpos e of adding B & B hom e 6ta>^ to th e list of conditional 
us e s in th e R 1 through R 6 and th e B 1 Zoning Districts ; adding B 
& B hom e stays to th e list of p e rmitt e d us e s in the R 7 through R 
lOt th e Q Ki and th e B 2 through B 5 Zoning Districts; and d e fining 
B & B homestayni 

BY adding 

Articl e 30 — Zoning 

S e ction ^.1 Ic 10> A J la 5, ^.8 la 6> ^.9 la 8> ^.10 la 9, 

5.1 la 10> 6>1 Ic lb, 6.a lb 5a, 13.0 2 6a 
Baltimor e Gty Cod e (1983 R e plac e m e nt Volum e , as amended) 

BY r e p e aling and r e ordaining with am e ndm e nts 
Articl e 30 — Zoning 
Section 13.0 3 72 
Baltimor e Gty Cod e (1983 R e plac e m e nt Volum e , as am e nd e d) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That S e ction(c) of the Baltimor e Gty^ Cod e 
(1983 R e plac e m e nt Volum e , as am e nd e d) b e add e d, r e p e al e d, or 
am e nd e d) to r e ad as follows: 

ARTICLE 30 ZONING 

Chapt e r A — R e sid e nc e Districts 

-4t4 R 1 Singl e Family R e sid e nc e Districti 

1. Use rogulationSi 

c. Conditional us e s. 

10. B fe B HOMESTAYS 

-4^7 R 7 G e neral R e sid e nc e District. 

1. Us e r e gulations. 

a. P e rmitt e d us e s. 

5. B fe B HOMESTAYS 

-4t8 R 8 G e n e ral R e sid e nc e District. 

1. Us e r e gulations. 

a. P e rmittod us e s. 

6. B 8t B HOMESTAYS 



111 



Ord. No. 208 



-4r9 R 9 G e n e ral Recidonc e Dictricti 

li Uc e r e gnlationct 

ai P e rmitt e d us e ci 

8. B & B HQMESTAYS 

^;10 R 10 G e n e ral Residenc e Dictricti 
li Us e r e g\ilationc« 

ai P e rmitted us e st 

9. B & B HQMESTAYS 

Chapt e r 5 Offic e Residonco District 

-S4 O R Offic e R e sidence District. 

li Us e r e giilationSi 

ai P e rmitted us e Ci 

10. B & B HOMESTAYS 

Qiapt e r 6 — Busin e ss Districts 

-M: B 1 N e ighborhood Busin e ss District* 

L Us e r e gulations* 

c« Conditional uses* 

IB. B & B HQMESTAYS 

-4r3 B 2 Community Busin e ss District* 

li Us e r e gulations* 

bt P e rmitt e d us e s* 

5A. B & B HQMESTAYS 

Chapt e r 13 — Rul e s and D e finitions 

13.0 2 D e finitions* 

6A* B & B HOMESTAY* A PRIVATE, OWNER OCCUPIED 
RESIDE^JCE IN WHICH THE FREQUENCY AND VOLUME OF B & B 
VISITORS ARE I^JCIDE^JTAL TO THE PRIMARY USE OF THE BUILDING 
AS A PRIVATE RESIDENCE* ONE TO FOUR GUEST ROOMS ARE MADE 
AVAILABLE TO TRANSIENT VISITORS AND PROVIDE SUPPLEMENTAL 
I>JCOME FOR HOSTS. BREAKFAST IS THE ONLY MEAL SERVED AND 
IS INCLUDED IN THE CHARGE FOR THE ROOM. 

72. Rooming and boarding hous e * an e stablishment locat e d in a 
building, or portion ther e of, containing rooming units for th e 



112 



Ord. No. 208 



accommodation of thro e or mor e |) e r6on6» and fumiching cuch units, or 
furnishing such units and m e als^ to individuals on a daily» w ee kly or 
monthly basis for comp e nsation. [For purpocos of this ordinanc e ^ this 
cat e gory^ shall includ e inns also known as b e d and br e akfast 
e stabhshm e ntSi] 

SEC. 3. AND BE IT FURTHER ORDiMNED, That this ordinance 
shall tak e e ff e ct on the 3Qth day aft e r th e dat e of its e nactmonti 

ZONING CODE - BED AND BREAKFAST 

FOR the purpose of adding bed and breakfast home to the list of 
conditional uses in the R- 7 through R-10, the 0-R and the B-2 
through B-5 Zoning Districts: adding bed and breakfast 
establishment to the list of conditional uses in the R-8, R-9, R-10. 
0-R. and B-2 through B-5 Zoning Districts: providing for certain 
consideration by the Board of Municipal and Zoning Appeals: 
requiring certain off-street parking spaces; and adding and 
amending certain definitions. 

BY adding 

Article 30 - Zoning 

Section 4.7-lc-4. a paragraph to 4.7-2a-3, 4.8-lc-6. 4.8-lc-7, 4.9- 
lc-6. 4.9-1C-7. 4.10-1C-6. 4.10-lc-7, 5.1-lc-16. 5.1-lc- 

17, 6.2-1C-12. 6.2-1C-13. a paragraph to 9.0-3. 11.0-5- 

18. 13.0-2-6A, 13.0-2-6B 

Baltimore Gty Code (1983 Replacement Volume, as 
amended) 

BY repealing and reordaining with amendments 
Article 30 - Zoning 
Section 13.0-2-72 

Baltimore Gty Code C1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE. That SectionCs) of the Baltimore City Code 
C1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 



113 



Ord. No. 208 

ARTICLE 30 - ZONING 
Qiapter 4 - Residence Districts 

4.7 R-7 General Residence District. 

1. Use resnilations. 

c. Conditional uses. 

4. BED AND BREAKFAST HOME 

2. Bulk regulations. 

a. Lot area and coverage. 
3. Conditional uses. 

BED AND BREAKFAST HOME 500 SO. FT. 

PER GUEST ROOM 

4.8 R-8 General Residence District. 

1. Use res^ations. 

c. Conditional uses. 

6. BED AND BREAKFAST HOME 

7. BED AND BREAKFAST ESTABUSHMENT 

4.9 R-9 General Residence District. 

1. Use regulations. 

c. Conditional uses. 

6. BED AND BREAKFAST HOME 

7. BED AND BREAKFAST ESTABUSHMENT 

4.10 R-10 General Residence District. 

1. Use re5?ulations. 

c. Conditional uses. 

6. BED AND BREAKFAST HOME 

7. BED AND BREAKFAST ESTABUSHMENT 

Chapter 5 - Office-Residence District 

5.1 0-R Office-Residence District. 

1. Use rejsrulations. 

c. Conditional uses. 



114 



Ord. No. 208 



16. BED AND BREAKFAST HOME 

17. BED AND BREAKFAST ESTABUSHMENT 

Qiapter 6 - Business Districts 

6.2 B-2 Community Business District. 

1. Use regulations. 

c. Conditional uses. 

12. BED AND BREAKFAST HOME 

13. BED AND BREAKFAST ESTABUSHMENT 

Chapter 9 - Off Street Parking Resrulations 

9.0-3 Schedule of required off-street parking spaces. 

BED AND BREAKFAST HOME: 
R-7. R-8. R-9, R-10, 
0-R, B-2, B-3. B-4, 

B-5 ONE FOR EACH GUEST ROOM 

ONE FOR OWNER OCCUPANT 

BED AND BREAKFAST ESTABUSHMENT: 
R-8, R-9, R-10. 0-R, B-2. 

B-3, B-4, B-5 ONE FOR EACH GUEST ROOM 
ONE FOR OWNER OCCUPANT 

Chapter 11 - Administration and Enforcement 

11.0-5 Standards. 

a. Standards for conditional uses. 

18. IN THE CASE OF A BED AND BREAKFAST 
ESTABUSHMENT. THE BOARD SHAIX DETERMINE 
AND STATE WHETHER THE PREMISES ARE OWNER- 
OCCUPIED. 



115 



Ord. No. 208 



Qiapter 13 - Rules and Definitions 

13.0-2 Definitions. 

6A. BED AND BREAKFAST ESTABUSHMENT: AN 
ESTABUSHMENT WITH MDCED USE AS PRIVATE 
RESIDENCE AND LODGING. A MAXIMUM OF TEN 
GUEST ROOMS ARE AVAILABLE TO TRANSIENT 
VISITORS. BREAKFAST IS THE ONLY MEAL SERVED 
AND IS INCLUDED IN THE CHARGE FOR THE ROOM. 
IN A RESIDENCE OR OFFICE-RESIDENCE DISTICT NO 
SIGN OR OTHER ADVERTISING MAY BE POSTED ON 
THE PREMISES OTHER THAN A NAME PLATE 
MEASURING NO GREATER THAN ONE SQUARE FOOT. 

6B. BED AND BREAKFAST HOME: A SINGLE FAMILY 
RESIDENCE USED PRIMARILY AS A HOME, BUT ALSO 
PROVIDING LODGING. A BED AND BREAKFAST HOME 
IS OWNER OCCUPIED. A MAXIMUM OF THREE GUEST 
ROOMS ARE AVAILABLE TO TRANSIENT VISITORS. 
BREAKFAST IS THE ONLY MEAL SERVED AND IS 
INCLUDED IN THE CHARGE FOR THE ROOM. IN A 
RESIDENCE OR OFFICE-RESIDENCE DISTRICT NO 
SIGN OR OTHER ADVERTISING MAY BE POSTED ON 
THE PREMISES OTHER THAN A NAME PLATE 
MEASURING NO GREATER THAN ONE SOUARE FOOT. 

72. Rooming and boarding house: an establishment 
located in a building, or portion thereof, containing 
rooming units for the accommodation of three or more 
persons, and furnishing such units, or furnishing such 
imits and meals, to individuals on a daily, weekly or 
monthly basis for compensation. [For purposes of this 
ordinance, this category shall include inns also known as 
bed and breakfast establishments.! 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date of its 
enactment. 

Approved May 3, 1993 

KURT L. SCHMOKE, Mayor 



116 



Ord. No. 209 

CITY OF BALTIMORE 

ORDINANCE NO. 209 

(CouncU Bill No. 391) 

AN ORDINANCE concerning 

PUBLIC SAFETY CONSERVATION AREA 

FOR the purpose of establishing a Public Safety Conservation Area 

Program; providing for a Public Safety Conservation Area Advisory 
Board; providing for duties of the Advisory Board; providing for 
the administration; and generaUy relating to the establishment of 
public safety conservation areas. 

BY adding 

Article 19 - Police Ordinances 

Section 240 through 243, inclusive, to be under the new 

subtide, "Public Safety Conservation Area" 
Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 19 - POUCE ORDINANCES 

PUBLIC SAFETY CONSERVATION AREA 

240. DEFINITIONS. 

FOR THE PURPOSES OF THIS SUBTITLE, THE FOLLOWING 
TERMS SHALL HAVE THE MEANINGS LISTED BELOW: 

A. "AREA" MEANS AN AREA CONSISTING OF 2 OR MORE 
BLOCK FACES. 

B. "BLOCK FACE" MEANS ALL THE PROPERTIES ON ONE 
SIDE OF A STREET BETWEEN TWO CONSECUTIVE INTERSECTING 



117 



Ord. No. 209 



STREETS INCLUDING COMMERCIAL, RELIGIOUS, AND RESIDENTL^L 
PROPERTIES. 

C. "PUBLIC SAFETY CONSERVATION AREA" MEANS AN 
AREA DESIGNATED IN AN APPLICATION FILED PURSUANT TO 
SECTION 241 IN WHICH SIGNS PROVIDED FOR IN THIS SUBTITLE 
MAY BE ERECTED. 

241. PROCEDURE. 

WITH THE COOPERATION OF NEIGHBORHOODS AND CITY 
OFFICIALS, THERE IS ESTABUSHED A PUBLIC SAFETY 
CONSERVATION AREA ADVISORY BOARD AND PROGRAM TO 
PROMOTE A CRIME-FREE ENVIRONMENT IN NEIGHBORHOODS. THE 
PROGRAM SHALL BE AVAILABLE TO ALL QUALIFIED RESIDENTL^L 
BLOCKS AND AREAS OF THE CITY. IN ORDER TO QUALIFY FOR THE 
PROGRAM SUCH BLOCKS AND AREAS SHALL MEET THE CRTTEIUA 
SET FORTH IN THIS SUBTITLE AND ANY RULES AND REGULATIONS 
ESTABUSHED BY THE BOARD IN CONSULTATION WITH THE 
DIRECTOR OF PUBLIC WORKS AND OTHER CITY AGENCY HEADS 
UNDER THE REQUIREMENTS OF THIS SUBTITLE. THE PROCEDURE 
SHALL BE AS FOLLOWS: 

(A) ESTABUSHMENT. THERE WILL BE A PUBLIC SAFETY 
CONSERVATION AREA ADVISORY BOARD MADE UP OF THE POUCE 
COMMISSIONER, THE DIRECTOR OF RECREATION AND PARKS, THE 
COMMISSIONER OF THE DEPARTMENT OF HOUSING AND 
COMMUNITY DEVELOPMENT, THE DIRECTOR OF PUBLIC WORKS, 
THE DIRECTOR OF THE MAYOR^S COORDINATING COUNCIL ON 
CRIMINAL JUSTICE. THE CHAIR OF THE CITY COUNCIL'S POUCY 
AND PLANNING COMMITTEE WHO SHALL SERVE EX OFFICIO. AND A 
MEMBER OF THE PROPERTY OWNERS' ASSOCL\TION AND 3 
CITIZENS APPOINTED BY THE MAYOR. ANY AGENCY HEAD MAY 
DESIGNATE AN AGENT TO SERVE IN HIS OR HER STEAD. THIS 
ADVISORY BOARD WILL CONSIDER PETITIONS RECEIVED FROM ANY 
COMMUNITY GROUP REQUESTING DESIGNATION AS A PUBLIC 
SAFETY CONSERVATION AREA. 

(B) APPLICATION. TO BE CONSIDERED FOR THE PUBLIC 
SAFETY CONSERVATION AREA PROGRAM, A NEIGHBORHOOD 
GROUP, GROUP OF RESIDENTS, OR COMMUNITY ASSOCL\TION 
SHALL SUBMIT AN APPLICATION TO THE BOARD INDICATING THAT 



118 



Ord. No. 209 



AT LEAST 60% OF THE RESIDENTS OF THE BLOCK OR BLOCKS WISH 
TO FORM SUCH AN AREA. THE BOUNDARY OF THE PUBLIC SAFETY 
CONSERVATION AREA SHALL BE CLEARLY IDENTIFIED -ON^ftffi 
APPLICATION . IN ADDITION, ON THE APPLICATION THE RESIDENTS 
APPLYING OF EVERY PROPERTY MUST CERTIFY THAT THEY HAVE 
OR WILL HAVE AND WILL USE FRONT AND REAR OUTDOOR LIGHTS. 
FOR GOOD CAUSE SHOWN AND WHEN THE POUCE COMMISSIONER 
DETERMINES THAT A DELAY WOULD BE HARMFUL TO THE PUBLIC 
SAFETY AND WELFARE. THE COMMISSIONER MAY APPLY DIRECTLY 
TO THE BOARD TO HAVE AN AREA DESIGNATED A PUBLIC SAFETY 
CONSERVATION AREA. 

(Q UPON REFERRAL OF THE APPLICATION TO THE LOCAL 
POUCE DISTRICT, THE MAJOR OF THAT DISTRICT MUST CONFIRM 
THAT CALLS FOR SERVICE AND INCIDENT REPORTS FROM THE 
AREA REQUESTING DESIGNATION AS A PUBLIC SAFETY 
CONSERVATION AREA DEMONSTRATE A NEED FOR INCREASED 
PUBLIC SAFETY MEASURES. THE BOARD SHALL APPROVE OR DENY 
THE APPLICATION. WHEN AN APPLICATION IS DENIED, THE BOARD 
SHALL STATE THE REASONS FOR THE DENL\L. 

242. OPERATION. 

UPON APPROVAL OF A PUBLIC SAFETY CONSERVATION AREA, 
THE FOLLOWING STEPS SHALL BE TAKEN BY THE CITY: 

(A) PRIVATE LIGHTING WILL BE CONFIRMED. 

(B) THE TREES OWNED BY THE PROPERTY OWNERS IN 
THE AREA WILL BE INSPECTED BY THE CITY FORESTER AND 
RECOMMENDATIONS MADE TO THE OWNERS FOR TRIMMING 
THEM. 

(Q THE CITY FORESTER WILL TRIM ALL TREES ON 
PUBLIC PROPERTY WHICH INTERFERE TO DECREASE THE INTENSITY 
OF THE STREET LIGHTING. 

CD) THE STREET LIGHTING WILL BE UPGRADED ON A 
PRIORITY BASIS. 



119 



Ord. No. 210 



243. ADMINISTRATION OF THE PROGRAM. 

THE BOARD SHALL PROMULGATE RULES NECESSARY TO CARRY 
OUT THE PROVISIONS OF THIS SUBTITLE. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on th e 30th day aft e r the date of its enactment. 

Approved May 3, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 210 

(CouncU Bill No. 457) 

AN ORDINANCE concerning 

DIVESTITURE INVESTMENT OF FUNDS - NORTHERN IRELAND - 
MACBRIDE PRINCIPLES 

FOR the purpose of ending the investment of public pension funds in 
firms doing business in or with Northern Ireland unless those firms 
have adopted the "MacBride Principles". 

BY adding 

Article 22 - Retirement Systems 

Subtitle - Employees' Retirement System 

Section 7(a)(2) 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

By adding 

Article 22 - Retirement Systems 

Subtitle - Elected Officials' Retirement System 

Section 23(c) 

Baltimore Qty Code (1983 Replacement Volimie, as amended) 

BY adding 

Article 22 - Retirement Systems 
Subtitle - Fire and Police Employees 



120 

J 



I 



Ord. No. 210 



Section 35(a)(2) 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 22 - RETIREMENT SYSTEMS 

Employees* Retirement System 

7. Management of funds. 

(a) Trustee of funds. 

The Board of Trustees shall be the trustees of the several 
funds of the Employees' Retirement System of Baltimore created by 
Article 22 under this subtitie as provided in Section 8. The Board of 
Trustees shaU have the power to invest and reinvest such funds in the 
following types or classes of assets subject to the limitations, if any, as 
set forth with regard to each type or class of investment. 

The Board of Trustees shall have the duty and responsibility 
of periodically determining investment policies consistent with the 
capital market environment, and the actuarial characteristics of the 
Employees' Retirement System and to publish such investment policy 
guidelines by filing a copy thereof with the Department of Legislative 
Reference of Baltimore Qty, and after January 1, 1979, also by 
publication in the Municipal Journal. 

All contributions from time to time paid into the several 
funds, and the income thereof, without distinction between principal 
and income, shall be held and administered by the Board of Trustees or 
its agents in the funds, and the Board shall not be required to segregate 
or invest separately any portion of the funds. 

Provided, however, that nothing in this section shall be 
deemed to render illegal or to invalidate the making and holding of any 
investment heretofore made and now remaining in said funds where 
such investment when made was authorized by law prior to the 
enactment of this section; and provided further, that nothing herein 



121 



Ord. No. 210 



shall be deemed to prevent the Board of Trustees from accepting, in lieu 
or substitution of securities representing investments heretofore validly 
made, other securities not of die kind enumerated but authorized by 
ordinance as investments for the said Board prior to the enactment of 
this section, where the Board shall deem such substitution of securities 
desirable to preserve the investment of said funds. Subject to the terms, 
provisions and conditions contained herein, said Trustees shall have full 
power to hold, purchase, sell, assign, transfer, and dispose of any of the 
securities and investments in which any of the funds created herein 
shall have been invested, as well as the proceeds of said investments 
and any moneys belonging to said funds. 

(2)(fi) ON AND AFTER THE FIRST DAY OF THE FIRST THIRD 
QUARTER OF FISCAL YEAR 4993 1994. NO MONIES OR FUNDS HELD 
UNDER ANY PROVISION OF THE RETIREMENT SYSTEM SHALL 
REMAIN INVESTED OR BE INVESTED IN THE STOCKS, SECURITIES 
OR OTHER OBLIGATIONS OF ANY BANK OR FINANCIAL INSTITUTION 
WHICH MAKES LOANS TO NORTHERN IRELAND, OR TO A NATIONAL 
CORPORATION OF NORTHERN IRELAND, OR IN THE STOCKS, 
SECURITIES, OR OTHER OBLIGATIONS OF ANY COMPANY DOING 
BUSINESS IN OR WITH NORTHERN IRELAND, OR WHOSE 
SUBSIDIARY OR AFFHJATE DOES BUSINESS IN OR WITH NORTHERN 
IRELAND, UNLESS THE BANK, FINANCL\L INSTITUTION, NATIONAL 
CORPORATION OF NORTHERN IRELAND OR ANY COMPANY OR 
THAT COMPANTS SUBSIDIARY DOING BUSINESS IN OR WITH 
NORTHERN IRELAND HAS ADOPTED AND FOLLOWS THE GOALS 
KNOWN AS THE MACBRIDE PRINCIPLES: 

1. INCREASED REPRESENTATION OF INDIVIDUALS FROM 
UNDER-REPRESENTED RELIGIOUS GROUPS IN THE WORK FORCE, 
INCLUDING MANAGERIAL, SUPERVISORY, ADMINISTRATIVE, 
CLERICAL AND TECHNICAL JOBS; 

2. ADEQUATE SECURITY FOR THE PROTECTION OF 
MINORITY EMPLOYEES AT THE WORK PLACE AND WHILE 
TRAVELING TO AND FROM WORK; 

3. BAN OF PROVOCATIVE RELIGIOUS OR POLITICAL 
EMBLEMS FROM THE WORK PLACE; 

4. PUBLIC ADVERTISEMENT OF ALL JOB OPENINGS AND 
SPECLAL RECRUITMENT EFFORTS MADE TO ATTRACT APPLICANTS 
FROM UNDER-REPRESENTED RELIGIOUS GROUPS; 



122 



Ord. No. 210 



5. LAYOFF, RECALL AND TERMINATION PROCEDURES 
NOT TO FAVOR PARTICULAR RELIGIOUS GROUPS; 

6. ABOLITION OF JOB RESERVATIONS, APPRENTICESHIP 
RESTRICTIONS AND DIFFERENTLflJ. EMPLOYMENT CRITERL\ WHICH 
DISCRIMINATE ON THE BASIS OF RELIGION OR ETHNIC ORIGIN; 

7. DEVELOPMENT OF TRAINING PROGRAMS THAT VSTILL 
PREPARE SUBSTANTL\L NUMBERS OF CURRENT MINORITY 
EMPLOYEES FOR SKILLED JOBS, INCLUDING THE EXPANSION OF 
EXISTING PROGRAMS AND THE CREATION OF NEW PROGRAMS TO 
TRAIN, UPGRADE AND IMPROVE THE SKILLS OF MINORITY 
EMPLOYEES; 

8. ESTABUSHMENT OF PROCEDURES TO ASSESS, 
IDENTIFY AND ACTIVELY RECRUIT MINORITY EMPLOYEES WITH 
POTENTLflJ. FOR FURTHER ADVANCEMENT; AND 

9. APPOINTMENT OF A SENIOR MANAGEMENT STAFF 
MEMBER TO OVERSEE THE COMPANY'S AFFIRMATIVE ACTION 
EFFORTS AND THE SETTING UP OF TIMETABLES TO CARRY OUT 
AFFIRMATIVE ACTION PRINCIPLES. 

(2) (u) BUSINESS ENTITIES DOING BUSINESS IN NORTHERN 
IRELAND SHALL BE IDENTIFIED BY REFERENCE TO THE MOST 
RECENT REPORT OF INVESTOR RESPONSIBILITY RESEARCH CENTER, 
INCORPORATED CONCERNING NORTHERN IRELAND. 

Cm) 1. NOTWITHSTANDING THE PROVISIONS OF SECTION 
7(AK2)(r) TO CORPORATIONS DOING BUSINESS IN NORTHERN 
IRELAND, THE BOARD OF TRUSTEES SHALL, CONSISTENT WITH 
SOUND INVESTMENT POUCY, MAKE INVESTMENTS IN SUCH A 
MANNER AS TO ENCOURAGE CORPORATIONS THAT, IN THE 
BOARD^S DETERMINATION, PURSUE A POUCY OF AFFIRMATIVE 
ACTION IN NORTHERN IRELAND. 

2. WHENEVER FEASIBLE, THE BOARD SHALL 
SPONSOR, COSPONSOR, AND SUPPORT SHAREHOLDER 
RESOLUTIONS DESIGNED TO ENCOURAGE CORPORATIONS IN 
WHICH THE BOARD HAS INVESTED TO PURSUE A POUCY OF 
AFFIRMATIVE ACTION IN NORTHERN IRELAND. 



123 



Ord. No. 210 



3. THE PROVISIONS OF SECTION 7(AK2) SHALL NOT 
BE CONSTRUED TO REQUIRE THE BOARD TO DISPOSE OF EXISTING 
INVESTMENTS. 

ELECTED OFFICL^LS' RETIREMENT SYSTEM 

23. Management of funds. 

(Q THE PROVISIONS OF SECTION 7(A)(2) OF THIS ARTICLE 22, 
CONCERNING THE DIVESTMENT INVESTMENT OF FUNDS IN FIRMS 
DOING BUSINESS IN OR WITH NORTHERN IRELAND UNLESS THE 
FIRM ADOPTS AND FOLLOWS THE MACBRIDE PRINCIPLES, SHALL 
APPLY TO THE SEVERAL FUNDS OF THE ELECTED OFFICL^LS' 
RETIREMENT SYSTEM OF BALTIMORE. 

Fire and Police Employees 

35. Management of funds. 

(a) Trustee of funds. The Board of Trustees shall be the trustees 
of the several funds of the Fire and Police Employees' Retirement 
System of Baltimore created by Article 22 under this subtitie as 
provided in Section 36. The Board of Trustees shall have the power to 
invest and reinvest such funds in the following types or classes of assets 
subject to the limitation, if any, as set forth with regard to each type or 
class of investment. 

The Board of Trustees shall have the duty and responsibility 
of periodically determining investment policies consistent with the 
capital market environment, and the actuarial characteristics of the Fire 
and Police Employees' Retirement System and to publish such 
investment policy guidelines by filing a copy thereof with the 
Department of Legislative Reference of Baltimore Qty, and after 
January 1, 1979, also by publication in the Municipal Journal. 

All contributions from time to time paid into the several 
funds, and the income thereof, without distinction between principal 
and income, shall be held and administered by the Board of Trustees or 
its agents in the funds, and the Board shall not be required to segregate 
or invest separately any portion of the funds. 

Provided, however, that nothing in this section shall be 
deemed to render illegal or to invalidate the making and holding of any 



124 



Ord. No. 210 



investment heretofore made and now remaining in said funds where 
such investment when made was authorized by law prior to the 
enactment of this section; and provided further, that nothing herein 
shall be deemed to prevent the Board of Trustees from accepting, in lieu 
or substitution of securities representing investments heretofore validly 
made, other securities not of the kind enumerated but authorized by 
ordinance as investments for the said Board prior to the enactment of 
this section, where the Board shall deem such substitution of securities 
desirable to preserve the investment of the said funds. Subject to the 
terms, provisions and conditions contained herein, said Trustees shall 
have full power to hold, purchase, sell, assign, transfer, and dispose of 
any of the securities and investments in which any of the funds created 
herein shall have been invested, as well as the proceeds of said 
investments and any moneys belonging to said funds. 

(2)(fi) ON AND AFTER THE FIRST DAY OF THE FIRST THIRD 
QUARTER OF FISCAL YEAR 4993 1994. NO MONIES OR FUNDS HELD 
UNDER ANY PROVISION OF THE RETIREMENT SYSTEM SHALL 
REMAIN INVESTED OR BE INVESTED IN THE STOCKS, SECURITIES 
OR OTHER OBUGATIONS OF ANY BANK OR FINANCL^d. INSTITUTION 
WHICH MAKES LOANS TO NORTHERN IRELAND, OR TO A NATIONAL 
CORPORATION OF NORTHERN IRELAND, OR IN THE STOCKS, 
SECURITIES, OR OTHER OBLIGATIONS OF ANY COMPANY DOING 
BUSINESS IN OR WITH NORTHERN IRELAND, OR WHOSE 
SUBSIDLflJlY OR AFFQJATE DOES BUSINESS IN OR WITH NORTHERN 
IRELAND, UNLESS THE BANK, FINANCL^iL INSTITUTION, NATIONAL 
CORPORATION OF NORTHERN IRELAND OR ANY COMPANY OR 
THAT COMPANTS SUBSIDIARY DOING BUSINESS IN OR WITH 
NORTHERN IRELAND HAS ADOPTED AND FOLLOWS THE GOALS 
KNOWN AS THE MACBRIDE PRINCIPLES: 

1. INCREASED REPRESENTATION OF INDIVIDUALS FROM 
UNDER-REPRESENTED RELIGIOUS GROUPS IN THE WORK FORCE, 
INCLUDING MANAGERIAL, SUPERVISORY, ADMINISTRATIVE, 
CLERICAL AND TECHNICAL JOBS; 

2. ADEQUATE SECURTTY FOR THE PROTECTION OF 
MINORITY EMPLOYEES AT THE WORK PLACE AND WHILE 
TRAVELING TO AND FROM WORK; 

3. BAN OF PROVOCATIVE RELIGIOUS OR POLITICAL 
EMBLEMS FROM THE WORK PLACE; 



125 



Ord. No. 210 



4. PUBLIC ADVERTISEMENT OF ALL JOB OPENINGS AND 
SPECLU RECRUITMENT EFFORTS MADE TO ATTRACT APPLICANTS 
FROM UNDER-REPRESENTED RELIGIOUS GROUPS; 

5. LAYOFF, RECALL AND TERMINATION PROCEDURES 
NOT TO FAVOR PARTICULAR RELIGIOUS GROUPS; 

6. ABOLITION OF JOB RESERVATIONS, APPRENTICESHIP 
RESTRICTIONS AND DIFFERENTL\L EMPLOYMENT CRITERL\ WHICH 
DISCRIMINATE ON THE BASIS OF RELIGION OR ETHNIC ORIGIN; 

7. DEVELOPMENT OF TRAINING PROGRAMS THAT WILL 
PREPARE SUBSTANTL\L NUMBERS OF CURRENT MINORITY 
EMPLOYEES FOR SKILLED JOBS, INCLUDING THE EXPANSION OF 
EXISTING PROGRAMS AND THE CREATION OF NEW PROGRAMS TO 
TRAIN, UPGRADE AND IMPROVE THE SKILLS OF MINORITY 
EMPLOYEES; 

8. ESTABUSHMENT OF PROCEDURES TO ASSESS, 
IDENTIFY AND ACTIVELY RECRUIT MINORITY EMPLOYEES WITH 
POTENTIAL FOR FURTHER ADVANCEMENT; AND 

9. APPOINTMENT OF A SENIOR MANAGEMENT STAFF 
MEMBER TO OVERSEE THE COMPANTS AFFIRMATIVE ACTION 
EFFORTS AND THE SETTING UP OF TIMETABLES TO CARRY OUT 
AFFIRMATIVE ACTION PRINCIPLES. 

(2) Cu) BUSINESS ENTITIES DOING BUSINESS IN NORTHERN 
IRELAND SHALL BE IDENTIFIED BY REFERENCE TO THE MOST 
RECENT REPORT OF INVESTOR RESPONSIBILITY RESEARCH 
CENTER, INCORPORATED CONCERNING NORTHERN IRELAND. 

(iii^ 1. NOTWITHSTANDING THE PROVISIONS OF SECTION 
7rA)r2)Cn with respect to corporations doing business IN 
NORTHERN IRELAND, THE BOARD OF TRUSTEES SHALL, 
CONSISTENT WITH SOUND INVESTMENT POUCY. MAKE 
INVESTMENTS IN SUCH A MANNER AS TO ENCOURAGE 
CORPORATIONS THAT, IN THE BOARD'S DETERMINATION. PURSUE 
A POUCY OF AFFIRMATIVE ACTION IN NORTHERN IRELAND. 

2. WHENEVER FEASIBLE, THE BOARD SHALL 
SPONSOR, COSPONSOR, AND SUPPORT SHAREHOLDER 
RESOLUTIONS DESIGNED TO ENCOURAGE CORPORATIONS IN 



126 



Ord. No. 211 



WHICH THE BOARD HAS INVESTED TO PURSUE A POUCY OF 
AFFIRMATIVE ACTION IN NORTHERN IRELAND. 

3. THE PROVISIONS OF SECTION 7(A)(2) SHALL NOT 
BE CONSTRUED TO REQUIRE THE BOARD TO DISPOSE OF EXISTING 
INVESTMENTS. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved May 3, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 211 

(Council Bill No. 485) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - FLEET STREET 

FOR the purpose of repealing Ordinance No. 1084, approved October 
30, 1987 which provided for reserved handicapped parking on the 
south side of Fleet Street east of Curley Street for Joseph Cudnik. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 1084, approved October 
30, 1987, is hereby repealed and the authorization for reserved 
handicapped parking on the south side of Fleet Street east of Curley 
Street for Joseph Cudnik therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 3, 1993 

KURT L. SCHMOKE, Mayor 



127 



Ord. No. 212 

CITY OF BALTIMORE 

ORDINANCE NO. 212 

(Council BUI No. 313) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
PARKING LOT - 5 W. WEST STREET 

FOR the purpose of granting permission for the establishment, 

maintenance and operation of an open off-street parking area on 
the property known as 5 W. West Street, as outlined in red on the 
plats accompanying this ordinance , subject to the condition that 
the operator of the parking lot shall prevent any motor vehicle 
from being parked in the alley right-of-way . 

BY adding 

Article 30 - Zoning 

Section(s) 4.8-ld-3 and 11.0-6d 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of an open off-street parking 
area on the property known as 5 W. West Street as outlined in red on 
the plats accompanying this ordinance, under the provisions of 
Section(s) 4.8-ld-3 and 11.0-6d of Article 30 of the Baltimore Qty Code 
(1983 Replacement Volume, as amended), tide "Zoning" , subject to the 
condition that the operator of the parking lot shall prevent any motor 
vehicle from being parked in the alley right-of-way . 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the Qty Coimcil, as evidence of the authenticity of the 
plat which is a part hereof and in order to give notice to the 
departments which are administering the Zoning Ordinance, the 
President of the Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the 
following: the Board of Mimicipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of Housing and 



128 



Ord. No. 213 



Community Development, the Supervisor of Assessments for Baltimore 
Qty, and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 



Approved May 13, 1993 

KURT L. SCHMOKE, Mayor 



I 



CITY OF BALTIMORE 
ORDINANCE NO. 213 

(Council Bill No. 425) 

AN ORDINANCE concerning 

URBAN RENEWAL - MOUNT VERNON - 
AMENDMENT NO. 9 

FOR the purpose of amending the Urban Renewal Plan for Mount 

Vernon to, among other things, p e rmit attorn e ys' officoc ac Sp e cial 
Exc e ptionc; prohibit adult e nt e rtainm e nt busin e ss e s: PERMIT 
ATTORNEYS' OFFICES AT 843 PARK AVENUE: waive such 
requirements, if any, as to content or procedure for the 
preparation, adoption, and approval of renewal plans as set forth 
in Article 13 of the Baltimore Qty Code which the amended Plan 
may not meet; provide for the severability of the various parts and 
provisions of this ordinance; provide that where the provisions of 
this ordinance shall conflict with any other ordinance in force in 
the Qty of Baltimore, the provision which establishes the higher 
standard shall prevail; and provide for an effective date hereof. 

WHEREAS, The Urban Renewal Plan for Mount Vernon was 
originally approved by the Mayor and City Council of Baltimore by 
Ordinance No. 281, approved June 22, 1964; amended by Ordinance 
No. 1167, approved December 2, 1967; amended by the Board of 
Estimates on June 14, 1967, December 17, 1969, March 24, 1971 and 
March 22, 1972; amended by Ordinance No. 435, approved July 19, 
1973; amended by Ordinance No. 120, approved June 30, 1976; and 
amended by Ordinance No. 841, approved July 19, 1978; and 



129 



Ord. No. 213 



WHEREAS, It is necessary to amend the Urban Renewal Plan for 
Mount Vernon in order to permit attorneys* offices as Sp e cial Exc e ptions 
and to prohibit adult e ntertainment busin e ss e s at 843 Park Avenue : and 

WHEREAS, Pursuant to Article 13 of the Baltimore Qty Code 
(1983 Replacement Volume, as amended), no substantial change or 
changes shall be made in any renewal plan, after approval by ordinance, 
without such change or changes first being adopted and approved in the 
same manner as set forth in said Article 13 for the approval of a 
renewal plan; and 

WHEREAS, In accordance with the provisions of Section 25(h) of 
said Article 13, when a Councilmember initiates an amendment to an 
existing renewal plan, such bill shall be sent to the Department of 
Housing and Commimity Development and to the Planning Commission 
for recommendation and report; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the amended Urban Renewal Plan for 
Mount Vernon, identified as "Urban Renewal Plan, Mount Vernon, 
revised to include Amendment No. 9, dated December 1, 1992", having 
been duly reviewed and considered, is hereby approved and the Qerk of 
the Qty Coimcil is hereby directed to file a copy of said amended Urban 
Renewal Plan with the Department of Legislative Reference as a 
permanent public record and to make the same available for public 
inspection and information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the following 
changes in the plan are hereby approved: 

4i S e ction C.2.bi(l)(b)iii is am e nd e d to road as follows: 

C3.b;(l)(b) 

4»T — Sp e cial Exceptions (Physicians^ ATTORNEYS'; and 
D e ntists' Offic e s) 

Subj e ct to th e d e cision of th e Board of Municipal 
and Zoning Appeals aft e r public notice and hearing, 
the office of a physician, AN ATTORNEY, or of a 
d e ntist may bo p e rmitt e d as a Sp e cial Exception^ 



130 



Ord. No. 213 



Such office nood not bo located in th e bona fid e 
r e sid e nce of th e physician} THE ATTORNEY^ or 
dentist applying for th e Sp e cial Exception. Any 
Sp) e cial Exc e ption approv e d by th e Board of 
Municipal and Zoning App e als shall not b e 
impr e ssed vAth th e status of a nonconforming us e ^ 
but shall b e further limit e d as follows; 

{et^ — It shall only b e p e rmitt e d in a building already 
e r e ct e d for r e sid e ntial us e ; and there shall b e 
no substantial chang e in the ext e rior of such 
building which would r e sult in a lack of 
archit e ctural harmony with adjac e nt r e sidential 
buildingSi 

(^ — No adv e rtising sign or devic e shall bo display e d 
except a flat ornam e ntal, non illuminat e d sign, 
not oxcooding on e squar e foot in ar e a may b e 
plac e d against th e e xt e rior of th e building; 

^ — Th e Sp e cial Exc e ption shall b e limit e d to th e 
offic e of a physician, AN ATTORNEY^ and of a 
d e ntist and shall not b e a clinic or a hospital. 

di S e ction C.3.b.(4) is am e nd e d to r e ad as follows; 

QO.b . 

■(4) — Comm e rcial 

Th e following us e s will b e p e rmitted within th e 
comm e rcial us e areas shown on the Land Us e Map> 
Exhibit No. 3: 

Antique or gift shops, art and artists' supply shops; 
applianc e parts» suppli e s^ and r e pair sorvicos; auto 
supply s e rvic e s; and r e pairs e xc e pt body f e nd e r 
work, and painting; auto s e rvic e stations wh e r e 
automobil e s e rvicing and minor r e pairs only ar e 
p e rmitt e d; bak e ri e s without baking on th e promis e s 
or bakeri e s wh e r e bak e d products pr e pared on th e 
pr e mises ar e sold on the promises; barber shops, 
b e auty shops, and similar p e rsonal s e rvic e shops; 



131 



Ord. No. 213 



bookbinding; book^ stationery^ or gr e eting card 
stor e s; bowling all e ys; bus and railroad termi Rak 
and r e lat e d faciliti e s including e xpress companies; 
busin e ss machin e r e pair s e rvic e s; cabin e tmak e r; 
cam e ra or photo supply shops; cater e r; clothing or 
dry goods stor e s; coin and vending machin e sales 
and servic e s; conf e ctionery stor e s, including snack 
bars and sale of candy and ic e cream; d e licat e ss e ns; 
drug stor e s; duplicating and printing s e rvic e s; 
e l e ctrical, h e atings ventilating, plumbings paintings 
floor cov e ring and other hom e improv e m e nt 
contracting s e rvices; financial institutions or 
ag e nci e s; florists' shops; food stor e s and 
sup e rmark e ts; fun e ral hom e s; furnitur e ^ applianc e , 
and hous e hold goods stor e s; glazi e r; hardwar e 
stor e s; hobby shops; hot e ls ( e xisting) and r e lat e d 
faciliti e s; ic e or ic e cub e disp e nsing — a© 
manufacturing of ic e on th e pr e mis e s; j e w e lry^ 
metal crafty or watch stor e s; laundromats^ laundry 
and dry cleaning collection and distribution 
stations; librari e s^ lodg e s and clubs; luggag e and 
l e ath e r goods stor e s; musical instrument^ sh ee t 
music^ and record shops; n e wsstands; offic e s^ 
busin e ss and prof e ssional; parking lots and garag e s; 
pharmaceutical) m e dical^ d e ntal, and surgical 
suppli e s distributor; photographic studios; post 
offic e s; r e staurants^ WITHQUT ADULT 
ENTERTAINMENT AND with or without liquor 
lic e ns e s; sho e and sho e repair stor e s; sporting goods 
stores; tailoring and clothing sales e stablishm e nts; 
tailor shops — including spot cl e aning, pr e ssing and 
r e pairs; taverns WITHOUT ADULT 
ENTERTAINMENT and liquor stores; tel e phone 
switchboard and maintenance services; th e atr e s 
OTHER THAN ADULT E>JTERTAINMENT 
THEATRES; tobacco shops; toy and variety^ stor e s; 
trav e l bur e aus; upholst e r e rs; whol e saling, 
war e housing, and distributing e stablishments; and 
similar t>T> e s of sales, service and repair 
e stablishm e nts; and landscaping^ parking and 
loading faciliti e s. No us e shall b e permitted which 
is noxious or off e nsive by r e ason of the omission of 
odor, dust, smok e ^ gas» fum e s^ vibration^ or nois e . 



132 



Ord. No. 213 



1. In Appendix A add to the list of Residential Mixed "843 Park 
Avenue". 

2. In Exhibit 2 - Land Use Map designate 843 Park Avenue as 
a mixed use property. 

SEC. 3. AND BE IT FURTHER ORDAINED, That in whatever 
respect, if any, the said amended Urban Renewal Plan approved hereby 
may not meet the requirements as to the content of a renewal plan or 
the procedures for the preparation, adoption, and approval of renewal 
plans, as provided in Article 13 of the Baltimore Qty Code (1983 
Replacement Volume, as amended), the said requirements are hereby 
waived and the amended Urban Renewal Plan approved hereby is 
exempted therefrom. 

SEC. 4. AND BE IT FURTHER ORDAINED, That in the event it be 
judicially determined that any word, phrase, clause, sentence, 
paragraph, section or part in or of this ordinance or the application 
thereof to any person or circumstances is invalid, the remaining 
provisions and the application of such provisions to other persons or 
circimistances shall not be affected thereby, the Mayor and Qty Council 
hereby declaring that they would have ordained the remaining 
provisions of this ordinance without the word, phrase, clause, sentence, 
paragraph, section or part, or the application thereof so held invalid. 

SEC. 5. AND BE IT FURTHER ORDAINED, That in any case where 
a provision of this ordinance concerns the same subject matter as an 
existing provision of any zoning, building, electrical, plumbing, health, 
fire or safety ordinance or code or regulation, the applicable provisions 
concerned shall be construed so as to give effect to each; provided, 
however, that if such provisions are found to be in irreconcilable 
conflict, the provision which establishes the higher standard for the 
promotion of the public health and safety shall prevail. In any case 
where a provision of this ordinance is found to be in conflict with an 
existing provision of any other ordinance or code or regulation in force 
in the Qty of Baltimore which establishes a lower standard for the 
promotion and protection of the public health and safety, the provision 
of this ordinance shall prevail, and the other existing provision of such 
other ordinance or code or regulation is hereby repealed to the extent 
that it may be found in conflict with this ordinance. 



133 



Ord. No. 214 



SEC. 6. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 13, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 214 

(Council Bill No. 454) 

AN ORDINANCE concerning 

STREET ENCROACHMENT - 2426 PENNSYLVANIA AVENUE 

FOR the purpose of authorizing the construction and maintenance of 
steps projecting approximately 4 feet into the public right-of-way 
on the northwest side of the property known as 2426 Pennsylvania 
Avenue. 

BY authority of 

Article 32 - Building Code 

Section 507.2 

Baltimore Qty Building Code (1990 Edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the construction and maintenance of 
steps is hereby authorized on the northwest side of the property 
generally known as 2426 Pennsylvania Avenue. The steps are a metal 
fire escape extending approximately 4 feet out from the side of the 
building. Except as specifically provided in this ordinance, all 
ordinances and rules and regulations of the Mayor and Qty Council of 
Baltimore shall be complied with in the construction and use of the 
steps. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 13, 1993 

KURT L. SCHMOKE, Mayor 



134 



Ord. No. 215 



CITY OF BALTIMORE 

ORDINANCE NO. 215 

(CouncU BUI No. 482) 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECLU FUND OPERATING APPROPRL\TION - 
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 

$3,000,000 

FOR the purpose of providing a supplementary Special Fund 

Operating appropriation in the amount of $3,000,000 to the 
Department of Housing and Community Development (Program 
593 - Community Support Projects) to provide additional operating 
appropriations. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents proceeds 
from Federal Community Development Block Grant XV and XVI in 
excess of the amount from this source estimated and relied upon by the 
Board of Estimates in determining the tax levy required to balance the 
budget for the 1993 fiscal year, and said money is therefore available 
for appropriation to the Department of Housing and Commimity 
Development (Program 593 - Community Support Projects) pursuant to 
the provisions of Article VI, Section 2(h) (2) of the Baltimore Qty 
Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is from sources 
which could not be expected with reasonable certainty at the time of the 
formulation of the current Ordinance of Estimates in accordance with 
Article VI, Section 2(h)(2) of said charter; and 

WHEREAS, This supplementary Special Fund Operating 
appropriation has been recommended to the Qty Council by the Board 
of Estimates at a regular meeting of the Board held on the 17th day of 
February, 1993, all in accordance with Article VI, Section 



135 



Ord. No. 216 



2(h)(2) of the Baltimore City Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That imder the provisions of Article VI, 
Section 2(h) (2) of the 1964 revision of the Charter of Baltimore Qty, 
the sum of $3,000,000 shall be made available to the Department of 
Housing and Community Development (Program 593 - Community 
Support Projects) for the fiscal year ending Jime 30, 1993 to provide 
funding for additional operating expenses. The amount thus made 
available as a supplementary Special Fund Operating appropriation shall 
be expended from Federal Community Development Block Grant XV 
($1,877,290) and XVI ($1,122,710) in excess of the amoimt from this 
source which was estimated or relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 1993 
fiscal year; and said funds from said Federal Conmiunity Development 
Block Grant XV and XVI shall be the source of revenue for this 
supplementary Special Fund Operating appropriation as required by 
Article VI, Section 2(h)(2) of the Baltimore City Charter (1964 Revision, 
as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 13, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 216 

(CouncU BUI No. 487) 

AN ORDINANCE concerning 

NAMING CITY PROPERTY 

FOR the purpose of naming the field house on the Morrell Park 

playground at 2415 ToUey Street the Mickey Finn Field House in 
honor of the late Mickey Finn. 

BY authority of 

Article 1 - Mayor, Qty Council, and Municipal Agencies 



136 



Ord. No. 217 



Subtitle - Naming Qty Property 

Section 229 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the field house on die MorreU Park 
playground at 2415 Tolley Street be and it is here by named the Mickey 
Finn Field House in honor of the late Mickey Finn. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved May 13, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 217 

(Council Bill No. 526) 

AN ORDINANCE concerning 

FRANCHISE - AMENDMENT TO UNITED CABLE TELEVISION 

OF BALTIMORE LIMITED PARTNERSHIP 

CABLE COMMUNICATIONS SYSTEM FRANCHISE 

FOR the purpose of amending the grant of permission and authority to 
United Cable Television of Baltimore Limited Partnership, 
established pursuant to the laws of Delaware, to construct, operate, 
maintain and reconstruct a cable communications system within 
the streets and public ways of the City of Baltimore. 

WHEREAS, Pursuant to Ordinance No. 263, approved December 
21, 1984, United Cable Television of Baltimore, Inc. ("UCTB") was 
granted a franchise to construct, operate, maintain and reconstruct a 
cable system in the Qty of Baltimore in accordance with the terms and 
conditions set forth in the Franchise Agreement dated as of November 
29, 1984, between the Qty and UCTB (Tranchise Agreement") as 
amended from time to time with the approval of the Qty and UCTB, 
and which Agreement was appended to, incorporated in, and made a 



137 



Ord. No. 217 



part of Ordinance No. 263. United Cable Television of Baltimore 
Limited Partnership ("Grantee") is the successor in interest to UCTB; 
and 

WHEREAS, The Franchise Agreement provided for the construction 
of an Institutional Network ("INET") to be activated at the discretion of 
the Grantee, and said INET has not yet been constructed and activated; 
and 

WHEREAS, The construction and activation of an INET 
concentrating on Qty facilities, elementary and secondary schools 
located in Baltimore Qty, and other public institutions, as well as the 
prompt provision of Institutional Services are in the public interest; and 

WHEREAS, In order to facilitate the construction of such an INET, 
the Qty and the Grantee have entered into a Supplemental Cable 
Franchise Agreement approved by the Board of Estimates on April 7, 
1993 which requires the amendment of the Franchise Agreement; now, 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Franchise Agreement between the 
Mayor and Qty Council of Baltimore and the Grantee dated as of 
November 29, 1984, and which was appended to, incorporated in and 
made a part of Ordinance No. 263, approved December 21, 1984, is 
hereby amended in accordance with the terms and conditions set forth 
in the Supplemental Cable Franchise Agreement, which Agreement is 
appended hereto, incorporated herein, and made a part hereof. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the Mayor and 
Qty Council of Baltimore hereby expressly reserves the right and duty at 
all times to exercise, in the interest of the public, full municipal 
superintendence, regulation and control in respect to all matters 
connected to this grant, and not inconsistent with the terms hereof. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved May 13, 1993 

KURT L. SCHMOKE, Mayor 



138 



Ord. No. 218 



CITY OF BALTIMORE 

ORDINANCE NO. 218 

(Council Bill No. 422) 

AN ORDINANCE concerning 

URBAN RENEWAL - MUNICIPAL CENTER AREA 
AMENDMENT NO. 7 

FOR the purpose of amending the Urban Renewal Plan for Municipal 
Center Area to, among, other things, phase out within 3 years all 
adult entertainment businesses located outside the adult 
entertainment area; waive such requirements, if any, as to content 
or procedure for the preparation, adoption, and approval of 
renewal plans as set forth in Article 13 of the Baltimore Qty Code 
which the amended Plan may not meet; provide for the separability 
of the various parts and provisions of this ordinance; provide that 
where the provisions of this ordinance shall conflict with any other 
ordinance in force in the Qty of Baltimore, the provision which 
establishes the higher standard shall prevail; and provide for an 
effective date hereof. 

WHEREAS, The Urban Renewal Plan for the Municipal Center Area 
was originally approved by the Mayor and Qty Council of Baltimore by 
Ordinance 291, approved March 8, 1977; amended by Ordinance 839, 
approved July 19, 1978; amended by Ordinance 736, approved June 29, 
1982; amended by Ordinance 1018, approved July 6, 1983; amended 
by Ordinance 218 approved November 21, 1984; amended by 
Ordinance 631, approved March 17, 1986; and amended by Ordinance 
128, approved July 7, 1988; and 

WHEREAS, It is necessary to amend the Urban Renewal Plan for 
the Municipal Center Area in order to phase out the adult entertainment 
businesses located outside the adult entertainment area; and 

WHEREAS, Pursuant to Article 13 of the Baltimore Qty Code 
(1983 Replacement Volume, as amended), no substantial change or 
changes shall be made in any renewal plan, after approval by ordinance, 
without such change or changes first being adopted and approved in the 



139 



Ord. No. 218 



same manner as set forth in said Article 13 for the approval of a 
renewal plan; and 

WHEREAS, In accordance with the provisions of Section 25(h) of 
said Article 13, when a Councilmember initiates an amendment to an 
existing renewal plan, such bill shall be sent to the Department of 
Housing and Community Development and to the Planning Commission 
for recommendation and report; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the amended Urban Renewal Plan for 
Municipal Center Area, identified as "Urban Renewal Plan, Municipal 
Center Area, revised to include Amendment No. 7, dated December 1, 
1992", having been duly reviewed and considered, is hereby approved 
and the Qerk of the Qty Council is hereby directed to file a copy of said 
amended Urban Renewal Plan with the Department of Legislative 
Reference as a permanent public record and to make the same available 
for public inspection and information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the following 
changes in the plan are hereby approved: 

On page 3, section B - Urban Renewal Objectives, to add: 

"12. To recognize that the Adult Entertainment Area has 
resulted in a documented increase in crime which 
requires coordinated enforcement of the State and Qty 
laws relating to the Housing Code, Zoning Code and 
criminal laws and to require a phasing out within 3 years 
of all adult entertainment uses outside of the Adult 
Entertainment Area." 

On page 11, section D - Types of Renewal Action to be Used to 
Achieve Plan Objectives, add: 

" 9. Amortization of Adult Entertainment Uses. 

It is the intent of the Renewal Plan to phase out all 
existing adult entertainment uses that are outside of the 
adopted boimdaries designated on Exhibit C- Land Uses 
Plan. Such uses shall cease their adult entertainment 
aspects not later than 3 years after the passage of this 
amendment. 'Adult entertainment use' means a public or 



140 



Ord. No. 218 



private commercial establishment where persons appear 
in a state of total or partial nudity in person, on film, on 
slides or on video tapes. For purposes of this definition, 
the term "film" shall not include motion pictures rated by 
the Motion Picture Association of America. 'Commercial 
establishment' shall include but not be limited to, a 
restaurant, nightclub, dance hall, peep show, hotel or 
motel, private club or sodal hall if adult entertainment is 
provided as an accessory or principal use. 'Nudity^ 
means the showing of the human male or female 
genitals, pubic area or buttocks with less than a full 
opaque covering, or the showing of the female breast 
with less than a fully opaque covering of any portion 
thereof below the top of the nipple, or the depiction of 
covered male genitals in a discernible turgid state. 
"Partial nuditV means a state of dress in which opaque 
clothing covers no more than the human male or female 
genitals, pubic area or buttocks, or the female breasts 
below the top of the nipple, as well as portions of the 
body covered by supporting straps or devices." 

SEC. 3. AND BE IT FURTHER ORDAINED, That is whatever 
respect, if any, the said amended Urban Renewal Plan approved hereby 
may not meet the requirements as to the content of a renewal plan or 
the procedures for the preparation, adoption, and approval of renewal 
plans, as provided in Article 13 of the Baltimore City Code (1983 
Replacement Volume, as amended), the said requirements are hereby 
waived and the amended Urban Renewal Plan approved hereby is 
exempted therefrom. 

SEC. 4. AND BE IT FURTHER ORDAINED, That in the event it be 
judicially determined that any word, phrase, clause, sentence, 
paragraph, section or part in or of this ordinance, or the application 
thereof to any person or circumstances is invalid, the remaining 
provisions and the application of such provisions to other persons or 
circumstances shall not be affected thereby, the Mayor and Qty Coimcil 
hereby declaring that they would have ordained the remaining 
provisions of this ordinance without the word, phrase, clause, sentence, 
paragraph, section or part, or the application thereof so held invalid. 

SEC. 5. AND BE IT FURTHER ORDAINED, That in any case where 
a provision of this ordinance concerns the same subject matter as an 



141 



Ord. No. 219 



existing provision of any zoning, building, electrical, plumbing, health, 
fire or safety ordinance or code or regulation, the applicable provisions 
concerned shall be construed so as to give effect to each; provided, 
however, that if such provisions are found to be in irreconcilable 
conflict, the provision which establishes the higher standard for the 
promotion of the public health and safety shall prevail. In any case 
where a provision of this ordinance is found to be in conflict with an 
existing provision of any other ordinance or code or regulation in force 
in the Qty of Baltimore which establishes a lower standard for the 
promotion and protection of the public health and safety, the provision 
of this ordinance shall prevail, and the other existing provision of such 
other ordinance or code or regulation is hereby repealed to the extent 
that it may be foimd in conflict with this ordinance. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 1, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 219 

(Council BUI No. 326) 

AN ORDINANCE concerning 

MINORITY AND WOMEN'S BUSINESS ENTERPRISES - 
PAYMENT TO SUBCONTRACTORS 

FOR the purpose of requiring contractors to pay subcontractors in a 
timely fashion; and requiring contractors requesting certain 
payment from the Qty to provide evidence of payment to 
subcontractors with requests for second payments. 

BY adding 

Article 1 - Mayor, Qty Council, and Municipal Agencies 
Subtide - Minority and Women's Business Enterprises 
Section 222(c) (12) 
Baltimore Qty Code (1983 Replacement Voliune, as amended) 



142 



Ord. No. 220 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 1 - MAYOR, CITY COUNCIL, AND MUNICIPAL AGENCIES 

Minority and Women's Business Enterprises 

222. Program administration. 

(c) Bidders' duties and responsibilities. 

(12) A CONTRACTOR SHALL PAY SUBCONTRACTORS FOR 
SATISFACTORY WORK IN A TIMELY FASHION. A PAYMENT IS 
TIMELY IF mS MAILED, DELIVERED OR TRANSFERRED TO A 
SUBCONTRACTOR NO LATER THAN SEVEN (7) DAYS AFTER THE 
CONTRACTOR'S RECEIPT OF PAYMENT FROM THE CITY. BEGINNING 
WITH THE SECOND PAY REQUEST FROM THE CONTRACTOR TO THE 
CITY, THE CONTRACTOR SHALL PROVIDE THE CITY WITH EVIDENCE 
THAT ALL SUBCONTRACTORS HAVE BEEN DULY PAID OUT OF THE 
PROCEEDS OF THE PRIOR PAYMENT WHICH THE CONTRACTOR 
RECEIVED FROM THE CITY, UNLESS A BONA FIDE DISPUTE, 
DOCUMENTED IN WRITING, EXISTS BETWEEN THE CONTRACTOR 
AND THE UNPAID SUBCONTRACTOR. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved June 18, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 220 
(Council Bill No. 453) 
AN ORDINANCE concerning 

ZONING CODE - CONVERSION OF DWELLINGS 



143 



Ord. No. 220 



FOR the purpose of requiring approval by the Board of Municipal and 
Zoning Appeals before single-family or two-family dwellings can be 
converted to house a larger number of families and revising the 
bulk regulations for dwellings converted to two family dwellings. 

BY repeal and reordaining with amendments 
Article 30 - Zoning 
Section 2.0-12, 4.0-2a-3 
Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 30 - ZONING 

Chapter 2 - General Provisions 

2.0-12 Conversion of dwellings. 

a. [Notwithstanding the bulk regulations in each district, in a B-1, 
B-2, B-3, B-4, B-5, R-8, R-9, R-10, O-R-2, O-R-3, or O-R-4 District, no 
building now or hereafter used as a one or two-family dwelling shall 
hereafter be altered or changed to be used for occupancy by more than 
two families] In all [other] districts no building now or hereafter used 
as a one-family dwelling shall hereafter be altered or changed to be 
used for occupancy by more than one family, and no building now or 
hereafter used as a two-family dwelling shall hereafter be altered or 
changed to be used for occupancy by more than two families. For the 
purpose of this paragraph, an empty building shall be considered as a 
one -family dwelling imless it was last lawfully used as a dwelling for 
two or more families in compliance with the normal bulk requirements 
of the district in which it is located. 

b. However, the Board may authorize, [in a B-1, B-2, B-3, B-4, B-5, 
R-8, R-9, R-10, O-R-2, O-R-3, or O-R-4 District] as a Conditional Use[, 
conversion of a building used as a one or two-family dwelling for use by 
more than two families, and] in all [other] districts, the conversion of a 
building for use by more than one family, provided that the number of 
families permitted is in conformity with the applicable bulk regulations 
for the district in which the building is located. 



144 



I 



Ord. No. 220 



c. In considering applications under this section, the following 
procedures shall be applicable in addition to those provisions and 
standards set forth in Sections 11.0- 3c and 11.0-5a of this ordinance: 

1. Plats and construction and floor plans adequate for 
review shall be submitted to the Department of Housing 
and Community Development at the time application is 
filed; 

2. The Department of Housing and Community 
Development shall file a written advisory 
recommendation with the Board, except that the Board 
may proceed without such recommendation if said 
Department fails to submit its recommendation within 
three weeks after plans have been submitted to it by the 
applicant; and 

3. The Department of Planning shall file a written advisory 
recommendation with the Board as to the effect of the 
proposed conversion on the neighborhood, except that 
the Board may proceed without such recommendation if 
said Department fails to submit its recommendation 
within three weeks of the date requested by the Board. 

Chapter 4 - Residence Districts 

4.0-2 Bulk Regulations 

As follows, and as set forth under each district in Part B of this 
Chapter. 

a. Lot Area and Coverage. 

3. In General Residence Districts, the maximum number 
of permitted dwelling units on a lot is determined by dividing the total 
area of the lot by the lot area requirement applicable in each district. 
However. ON LOTS WITH 3 OR MORE DWELLING UNITS a ft-action of 
the total area that is 50 percent or more of the required lot area factor 
shall count as an additional permitted dwelling unit. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 



145 



Ord. No. 221 



Approved June 18, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 221 

(CouncU BUI No. 468) 

AN ORDINANCE concerning 

ADMISSIONS AND AMUSEMENT TAX 

FOR the purpose of providing that the admissions tax for certain 
single-screen theaters shall be 5 percent of gross receipts. 

BY repealing and reordaining with amendments 
Article 28 - Taxes 

Subtitle - Admissions and Amusement Tax 
Section 74(a) 
Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 28 - TAXES 

Admissions and Amusement Tax 

74. Provisions. 

(a) Except as otherwise provided in this subsection, there is levied 
and imposed a tax at the rate of 10 percent of the gross receipts derived 
from any admissions and amusement charge as defined in Section 4- 
101(b) of the Tax - General Article of the Annotated Code of Maryland, 
as amended or recodified from time to time. For any theater included 
on the National Register of Historic Places, the rate shall be 5 percent of 
the gross receipts AND FOR ANY SINGLE-SCREEN MOVIE THEATER 
THAT OBTAINS RENTS OR LEASES ITS MOTION PICTURE FILM 



146 



Ord. No. 222 



THROUGH COMMERCIAL DISTRIBUTION, THE RATE SHALL BE 5 
PERCENT OF THE GROSS RECEIPTS. 

SEC. 2. AND BE IT FURTHER ORDAINED, That a copy of this 
ordinance be sent to the Maryland State Comptroller's Office. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day aft e r th e dat e of itc e nactm e nt. 
September 1. 1993. 

Approved June 18, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 222 

(Council Bill No. 41) 

AN ORDINANCE concerning 

ASSAULTS ON ELDERLY 

FOR the purpose of providing mandatory imprisonment for criminal 
defendants found guilty of assaults on elderly persons; providing 
that anyone found guilty of such assault may be ordered to pay 
restitution to the elderly victim; and defining certain terms. 

BY adding 

Article 19 - Police Ordinance 

Section 3A to be under the new subtitle "Assaults on 

Elderl/ 
Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 



147 



Ord. No. 223 

ARTICLE 19 - POUCE ORDINANCES 
ASSAULTS ON ELDERLY 
3A. ASSAULTS ON ELDERLY. 

(A) WHEN A DEFENDANT IS FOUND GUILTY OF ASSAULT OR 
ASSAULT AND BATTERY ON AN ELDERLY INDIVIDUAL AND THE 
DEFENDANT IS CHARGED UNDER THIS SECTION, THE COURT SHALL 
IMPOSE A SENTENCE OF 12 MONTHS IMPRISONMENT. THE COURT 
MAY ORDER RESTITUTION FOR ANY PERSONAL INJURY OR 
PROPERTY DAMAGE SUFFERED BY THE ELDERLY INDIVIDUAL. 

(B) "ELDERLY INDIVIDUAL" MEANS ANY INDIVIDUAL WHO OR IS 
65 YEARS OR OLDER. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved June 22, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 223 

(Council BUI No. 498) 

AN ORDINANCE concerning 

BALTIMORE CITY LANDMARK LIST - 
ORCHARD STREET CHURCH 

FOR the purpose of designating the Orchard Street Chiurch as a 
historical landmark. 

BY adding 

Article 1 - Mayor, City Council, and Municipal Agencies 

Subtide - Commission for Historical and Architectural Preservation 

Section 40(ff) (97) 

Baltimore City Code (1983 Replacement Volume, as amended) 



148 



Ord. No. 223 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 1 - MAYOR, CITY COUNCIL, AND MUNICIPAL AGENCIES 

Commission for Historical and Architectural Preservation 

(fO Landmark List. The following structures, having been 
approved by the Planning Commission, are hereby declared to be 
historical or architectural landmark: 

(97) ORCHARD STREET CHURCH, 510 ORCHARD STREET. 

BEGINNING FOR THE SAME AT THE POINT FORMED BY 
THE INTERSECTION OF THE NORTHWEST SIDE OF ORCHARD 
STREET, AS NOW LAID OUT 60 FEET WIDE, AND THE DIVISION LINE 
BETWEEN THE PARCEL OF LAND KNOWN AS LOT ICR AND THE 
PARCEL OF LAND ADJOINING ON THE NORTHEAST THEREOF 
KNOWN AS LOT lA, ALL AS SHOWN ON A PLAT ENTITLED 
"AMENDED ORCHARD-BIDDLE NEIGHBORHOOD DEVELOPMENT 
PROGRAM FINAL SUBDIVISION PLAN" AND RECORDED AMONG THE 
PLAT RECORDS OF BALTIMORE CITY IN PLAT RECORD R.H.B. NO. 
2514 ON MAY 7, 1976, AND RUNNING THENCE BINDING ON THE 
NORTHWEST SIDE OF SAID ORCHARD STREET, SOUTH 43°32'30" 
WEST 96.01 FEET TO THE DIVISION LINE BETWEEN THE PARCEL OF 
LAND KNOWN AS LOT IBR AND THE PARCEL OF LAND ADJOINING 
ON THE SOUTHWEST THEREOF KNOWN AS LOT lA, ALL AS SHOWN 
ON SAID FINAL SUBDIVISION PLAN; THENCE BINDING ON LAST SAID 
DIVISION LINE BETWEEN SAID LOT IBR AND LOT lA, NORTH 
43^4730" WEST 64.00 FEET TO ANOTHER DIVISION LINE BETWEEN 
SAID LOT IBR AND LOT lA; THENCE BINDING ON LAST SAID 
DIVISION LINE BETWEEN SAID LOT IBR AND LOT lA AND PARALLEL 
WITH SAID ORCHARD STREET NORTH 43"32'30'' EAST 12.33 FEET TO 
THE DIVISION LINE BETWEEN SAID LOT ICR AND SAID LOT lA; 
THENCE BINDING ON LAST SAID DIVISION LINE BETWEEN SAID LOT 
ICR AND LOT lA, NORTH 43*'4r30'' WEST 61.10 FEET; THENCE 
BINDING ON ANOTHER DIVISION LINE BETWEEN SAID LOT ICR AND 
SAID LOT lA AND PARALLEL WITH SAID ORCHARD STREET, NORTH 
43*'32'30" EAST 83.68 FEET TO THE DIVISION LINE BETWEEN SAID 
LOT ICR AND SAID LOT lA MENTIONED FIRSTLY HEREIN AND 



149 



Ord. No. 223A 



THENCE BINDING ON THE DIVISION LINE BETWEEN SAID LOT ICR 
AND SAID LOT lA MENTIONED FIRSTLY HEREIN, SOUTH 43^4730" 
EAST 125.10 FEET TO THE PLACE OF BEGINNING. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved June 22, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 223A 

(Council Bill No. 409) 

AN ORDINANCE concerning 

FARMERS' MARKET - FEES 

FOR the purpose of freezing the aggregate amount of fees and other 
charges imposed by the Qty on a non-profit community 
organization for the operation of a farmers' market, and 
authorizing suspension of the operation of parking meters imder 
certain conditions. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That: 

(a) The total amount of fees and other charges imposed by 
the Qty and its agencies on any non-profit community organization for 
the operation of a farmers' market during a fiscal year may not exceed 
in aggregate the total amount of fees and other charges imposed by the 
city and its agencies for the operation of the farmers' market during the 
fiscal year 1992. 

(b) The Director of Public Works is authorized and 
empowered to suspend the operation of parking meters within a 
defined, appropriate area when application for suspension is made by a 
non-profit commimity organization for the purpose of operating a 
farmers' market. 



150 



Ord. No. 224 



No charge shall be imposed upon the community 
association or the farmers' market for the suspension. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

This bill became law on June 22, 1993 without the Mayor's signature. 



CITY OF BALTIMORE 

ORDINANCE NO. 224 

(Council Bill No. 417) 

AN ORDINANCE concerning 

AMENDING ORDINANCE NO. 323 
ZONING - CONDITIONAL USE 

FOR the purpose of amending Ordinance No. 323, approved June 30, 
1989, which authorized a conditional use for an incinerator, by 
amending the conditions provided for in Section 2 , and making 
this ordinance contingent upon disposal of the ash from the 
incinerator at a disposal site outside of the City and a cessation of 
legal action against the City . 

BY amending Section 2, adding a new Section 5, and making other 
technical changes to Ordinance No. 323 of the Mayor and Qty 
Council of Baltimore, approved by the Mayor, June 30, 1989. 

WHEREAS, By letter dated June 11, 1993, the President and the 
Chairman of the Board of Medical Waste Associates, Inc. agreed to not 
seek amendments to this ordinance which would affect the geographic 
scope of the ordinance or which would affect the permit conditions of 
the incinerator; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Ordinance No. 323, approved June 30, 
1989, be and it is hereby amended to read as follows: 



151 



Ord. No. 224 



"SEC. 2. AND BE IT FURTHER ORDAINED, That the use of 
the incinerator, INCLUDING TESTING AND ANY USE UNDER ANY 
RECIPROCAL AGREEMENT WITH ANY OTHER WASTE DISPOSAL 
SITE OR INCINERATOR, will be restricted to facilities located 
within the following political subdivisions participating in the 
Northeast Maryland Waste Disposal Authority: Baltimore Qty, 
Baltimore Coimty, Anne Arundel Coimty, [and] Harford County, 
MONTGOMERY COUNTY; AND PRINCE GEORGES COUNTY, 
CARROLL COUNTY, AND HOWARD COUNTY. 

SEC. [3] 4 

SEC. 5. AND BE IT FURTHER ORDAINED, THAT IF ANY 
SECTION OR SUBSECTION OF THIS ORDINANCE IS RULED VOID 
FOR ANY REASON, THEN SAID VOIDNESS SHALL BE DEEMED 
TO AFFECT THIS ENTIRE ORDINANCE AND THIS ORDINANCE 
SHALL BE DEEMED TO BE VOID IN ITS ENTIRETY AND CONFER 
NO RIGHTS UPON THE OWNERS AND/OR OPERATORS OF THE 
INCINERATOR. 

SEC. [4] 6" 

SEC. 2. AND BE IT FURTHER ORDAINED, That the passage of this 
ordinance is contingent upon: CD the ash from the medical incinerator 
shall be disposed of at a site outside of the City limits; and (2) Medical 
Waste Associates, Inc. shall not legally challenge the provisions of 
Ordinance 323 or of this City Council Bill 417 when enacted. 

SEC. 3. AND BE IT FURTHER ORDAINED. That within the area 
added by this Ordinance (Montgomery Coimty, Prince Georges County. 
Carroll County, and Howard County) medical facilities or any other 
facility served by this medical waste incinerator shall not serve as a pass 
through or medical waste transfer facility for any medical waste 
generated outside of the area added by this Ordinance. 

SEC. 2 4. AND BE IT FURTHER ORDAINED, Tha t, subject to the 
provisions of Section 2 above, this Ordinance shall take effect on the 
date of its enactment. 

Approved June 27, 1993 

KURT L. SCHMOKE, Mayor 



152 



Ord. No. 225 

ENROLLED COPY 

CITY OF BALTIMORE 

ORDINANCE NO. 225 

(Council BUI No. 572) 

AN ORDINANCE concerning 

TO LEVY AND COLLECT A TAX 

FOR the use of the Mayor and Qty Council of Baltimore for the period 
of July 1, 1993 through June 30, 1994. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL 
OF BALTIMORE, That for the period July 1, 1993 through June 30, 
1994, a tax of $^S^ $5.90 be and the same is hereby levied and 
imposed on every $100 of assessed or assessable value of property in 
the Qty of Baltimore (excepting such property as may by provisions of 
law be exempted from this rate) for the use of the Mayor and Qty 
Council of Baltimore, and said tax shall be collected and paid in the 
manner prescribed by law. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approved June 28, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 226 

(Council Bill No. 621) 

ORDINANCE OF ESTIMATES FOR THE FISCAL YEAR 
ENDING JUNE 30, 1994 

FOR the purpose of providing the appropriations estimated to be needed 
by each agency of theCity of Baltimore for operating programs and 
capital projects during the fiscal 1994 year. 



153 



Ord. No. 226 



BY authority of 

Article VI - Board of Estimates 

Section 2 

Baltimore Qty Charter (1964 Revision as amended) 

WHEREAS, CITY COUNCIL Bill No. 571, the Ordinance of Estimates 
for fiscal year ending June 30, 1994, was passed by the Qty Council on 
June 21, 1993, and subsequently certified to the Board of Estimates; 
and 

WHEREAS, The Mayor vetoed Qty Council Bill No. 571 on Jime 21, 
1993, and in a veto message to the Qty Council stated that the bill 
failed to adequately provide for matters of public safety; and 

WHEREAS, Qty Council Bill No. 571 reduced the General Fund 
Capital budget by an amount of $4.2 million which may impair the 
Qt/s financial standing; and 

WHEREAS, The Qty Charter requires the fiscal budget to begin on 
July 1 of each year, to provide for necessary appropriations for the 
orderly continuance of government, it becomes necessary to submit a 
new Ordinance of Estimates for consideration by the Qty Council; now, 
therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the following amounts or so much 
thereof as shall be sufficient are hereby appropriated subject to the 
provisions hereinafter set forth for the purpose of carrying out the 
programs included in the operating budget and the projects listed in the 
capital budget from the amounts estimated to be available in the 
designated funds during the fiscal year ending June 30, 1994. 

A. OPERATING BUDGET 

CIVIL SERVICE COMMISSION 

160 PERSONNEL ADMINISTRATION 

General Fund Appropriation $ 1,909,971 

COMMUNITY RELATIONS COMMISSION 

156 DEVELOPMENT OF INTERGROUP RELATIONS 

General Fimd Appropriation $ 825,749 

Federal Fund Appropriation $ 75,500 



154 



i 



Ord. No. 226 
COMPTROLLER, DEPARTMENT OF 

130 EXECUTIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 432,478 

131 AUDITS 

General Fund Appropriation $ 1,511,836 

Special Fund Appropriation $ 255,504 

132 REAL ESTATE ACQUISITION AND MANAGEMENT 

General Fund Appropriation $ 594,788 

135 INSURANCE ON CITY FAdLITIES 

General Fund Appropriation $ 52,809 

596 MANAGEMENT OF LEASED PROPERTIES 

General Fund Appropriation $ 1,301,101 

COUNCIL, CITY 

100 CITY LEGISLATION 

General Fund Appropriation $ 2,913,645 

COUNCILMANIC SERVICES, OFFICE OF 

103 COUNCILMANIC SERVICES 

General Fund Appropriation $ 304,258 

COURTS 

110 CIRCUIT COURT 

General Fund Appropriation $ 6,429,307 

Federal Fund Appropriation $ 389,014 

State Fund Appropriation $ 615,248 

112 ORPHANS' COURT 

General Fund Appropriation $ 303,292 

EDUCATION, DEPARTMENT OF 

728 BOARD OF SCHOOL COMMISSIONERS 

Education Fund Appropriation .... $ 329,077 



155 



Ord. No. 226 

729 OFHCE OF THE SUPERINTENDENT 

Education Fund Appropriation .... $ 1,696,511 

Federal Fund Appropriation $ 186,278 

Special Fund Appropriation $ 57,741 

732 CURRICULUM AND INSTRUCTION 

Education Fund Appropriation .... $ 5,538,414 

Federal Fund Appropriation $ 4,479,238 

State Fund Appropriation $ 251,330 

Special Fund Appropriation $ 71,283 

741 AREA SCHOOL SERVICES 

Education Fund Appropriation .... $ 1,535,566 

743 GENERAL INSTRUCTION 

Education Fund Appropriation .... $ 239,969,712 

Federal Fund Appropriation $ 38,237,827 

State Fund Appropriation $ 12,418,800 

Special Fund Appropriation $ 993,713 

744 OTHER INSTRUCTIONAL SERVICES 

Education Fund Appropriation .... $ 10,396,711 

Federal Fund Appropriation $ 732,899 

State Fund Appropriation $ 1,546,262 

Special Fund Appropriation $ 29,968 

746 SCHOOL SOCLU WORK SERVICES 

Education Fund Appropriation .... $ 2,770,798 

Federal Fund Appropriation $ 222,798 

State Fund Appropriation $ 458,958 

Special Fund Appropriation $ 238,463 

751 SPECLflJ. EDUCATION AND PUPIL SERVICES 

Education Fund Appropriation .... $ 3,791,778 

Federal Fund Appropriation $ 1,540,478 

Special Fund Appropriation $ 60,000 

753 COMPENSATORY PROGRAMS 

Education Fund Appropriation .... $ 128,818 

Federal Fund Appropriation $ 1,157,948 

State Fund Appropriation $ 335,252 

754 CAREER AND TECHNOLOGY INSTRUCTION 

Education Fund Appropriation .... $ 14,058,415 



156 



Ord. No. 226 



Federal Fund Appropriation $ 2,571,361 

State Fund Appropriation $ 752,012 

755 ADULT/ ALTERNATIVE INSTRUCTION 

Education Fund Appropriation .... $ 7,856,083 

Federal Fund Appropriation $ 725,759 

State Fund Appropriation $ 81,863 

756 SPECLU INSTRUCTION 

Education Fund Appropriation .... $ 106,698,714 

Federal Fund Appropriation $ 4,714,753 

State Fund Appropriation $ 451,488 

Special Fund Appropriation $ 66,000 

757 SPECLU CAREER AND TECHNOLOGY INSTRUCTION 

Education Fund Appropriation .... $ 5,073,216 

Federal Fund Appropriation $ 366,861 

State Fund Appropriation $ 52,372 

758 GIFTED AND TALENTED INSTRUCTION 

Education Fund Appropriation .... $ 2,555,943 

Federal Fund Appropriation $ 64,600 

State Fund Appropriation $ 1,000,000 

761 LOGISTICAL SERVICES 

Education Fund Appropriation .... $ 1,298,139 

762 FOOD SERVICES 

Education Fund Appropriation .... $ 73,900 

Federal Fund Appropriation $ 19,379,649 

State Fund Appropriation $ 1,519,000 

Special Fund Appropriation $ 4,700,000 

763 FISCAL MANAGEMENT 

Education Fund Appropriation .... $ 921,042 

Federal Fund Appropriation $ 531,079 

Special Fund Appropriation $ 1,495 

764 TRANSPORTATION 

Motor Vehicle Fund Appropriation . $ 3,654,000 

Education Fund Appropriation .... $ 14,006,423 

Federal Fund Appropriation $ 708,000 

State Fund Appropriation $ 7,835,036 

Special Fund Appropriation $ 5,000 



157 



Old. No. 226 

765 PROCUREMENT 

Education Fund Appropriation .... $ 1,451,976 

Federal Fund Appropriation $ 402,753 

Special Fund Appropriation $ 2,068 

767 FAdLITIES 

Education Fund Appropriation .... $ 64,145,539 

768 SCHOOL POUCE 

Education Fund Appropriation .... $ 5,144,423 

769 HUMAN RESOURCES 

Education Fund Appropriation .... $ 2,416,041 

Federal Fund Appropriation $ 549,695 

State Fund Appropriation $ 63,964 

Special Fund Appropriation $ 2,533 

780 EXTERNAL RELATIONS 

Education Fund Appropriation .... $ 1,761,187 

Federal Fund Appropriation $ 195,652 

781 PLANNING AND STRATEGIC BUDGETING 

Education Fund Appropriation .... $ 755,147 

Federal Fund Appropriation $ 104,371 

Special Fund Appropriation $ 536 

782 ACCOUNTABILITY, ASSESSMENT, RESEARCH, 
AND EVALUATION 

Education Fund Appropriation .... $ 1,261,599 

Federal Fund Appropriation $ 485,414 

Special Fund Appropriation $ 65,490 

783 MANAGEMENT INFORMATION SYSTEMS 

Education Fund Appropriation .... $ 4,466,521 

Federal Fund Appropriation $ 895,287 

Special Fund Appropriation $ 21,710 

784 STAFF DEVELOPMENT 

Education Fund Appropriation .... $ 1,536,307 

Federal Fund Appropriation $ 441,300 

State Fund Appropriation $ 109,663 



158 



Ord. No. 226 



ELECTIONS, SUPERVISORS OF 



180 VOTER REGISTRATION AND 
CONDUCT OF ELECTIONS 

Genera] Fund Appropriation $ 2,071,424 

FINANCE, DEPARTMENT OF 

140 ADMINISTRATIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 414,673 

141 BUDGET AND MANAGEMENT RESEARCH 

General Fund Appropriation $ 1,188,280 

144 PURCHASING 

General Fund Appropriation $ 3,824,288 

147 MANAGEMENT INFORMATION SERVICES 

General Fund Appropriation $ 4,053,869 

148 BUREAU OF ACCOUNTING OPERATIONS 

General Fund Appropriation $ 2,537,711 

Loan & Guarantee Enterprise 

Fund Appropriation $ 3,396,463 

150 TREASURY MANAGEMENT 

General Fund Appropriation $ 1,275,142 

FIRE, DEPARTMENT OF 

210 ADMINISTRATIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 1,115,196 

211 TRAINING 

General Fund Appropriation $ 612,894 

212 FIRE SUPPRESSION 

General Fund Appropriation $ 73,452,983 

213 FIRE PREVENTION 

General Fund Appropriation $ 1,866,233 



159 



Ord. No. 226 

214 SUPPORT SERVICES 

General Fund Appropriation $ 3,530,081 

State Fund Appropriation $ 540,000 

215 FIRE ALARM AND COMMUNICATIONS 

General Fund Appropriation $ 3,090,459 

219 NON-ACTUARIAL RETIREMENT BENEFITS 

General Fund Appropriation $ 1,036,000 

319 AMBULANCE SERVICE 

General Fund Appropriation $ 7,459,404 

Special Fund Appropriation $ 1,090,014 

HEALTH, DEPARTMENT OF 

240 ANIMAL CONTROL 

General Fund Appropriation $ 1,273,289 

300 ADMINISTRATIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 2,873,806 

Federal Fund Appropriation $ 83,666 

State Fund Appropriation $ 16,023 

302 ENVIRONMENTAL HEALTH 

General Fund Appropriation $ 1,682,484 

Federal Fund Appropriation $ 356,543 

State Fund Appropriation $ 80,438 

303 SPECLflJ. PURPOSE GRANTS 

General Fund Appropriation $ 231,502 

Federal Fund Appropriation $ 429,603 

State Fund Appropriation $ 1,588,500 

Special Fund Appropriation $ 430,750 

304 CLINICAL SERVICES 

General Fund Appropriation $ 2,464,510 

Federal Fund Appropriation $ 39,953,232 

State Fund Appropriation $ 542,234 

Special Fund Appropriation $ 76,000 

305 MATERNAL AND INFANT SERVICES 

General Fund Appropriation $ 1,560,810 



160 



Ord. No. 226 



Federal Fund Appropriation $ 12,749,051 

State Fund Appropriation $ 495,435 

306 GEINERAL NURSING SERVICES 

General Fund Appropriation $ 908,510 

State Fund Appropriation $ 821,200 

307 MENTAL HEALTH SERVICES 

General Fund Appropriation $ 1,149,953 

Federal Fund Appropriation $ 38,138,583 

State Fund Appropriation $ 323,329 

308 CHILD, ADOLESCENT, AND FAMILY HEALTH 

General Fund Appropriation $ 552,969 

Federal Fund Appropriation $ 6,534,131 

State Fund Appropriation $ 1,160,538 

Special Fund Appropriation $ 51,600 

310 SCHOOL HEALTH SERVICES 

General Fund Appropriation $ 4,051,122 

Federal Fund Appropriation $ 4,006,470 

State Fund Appropriation $ 2,471,887 

311 HEALTH SERVICES FOR THE AGING 

General Fund Appropriation $ 272,877 

Federal Fund Appropriation $ 3,944,972 

Special Fund Appropriation $ 15,000 

HOUSING AND COMMUNITY DEVELOPMENT, 
DEPARTMENT OF 

177 ADMINISTRATIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 1,970,432 

Federal Fund Appropriation $ 933,348 

State Fund Appropriation $ 167,222 

181 NEIGHBORHOOD HUBS 

General Fund Appropriation $ 317,700 

Federal Fund Appropriation $ 2,301,900 

State Fund Appropriation $ 2,272,274 

184 ENERGY ASSISTANCE AND EMERGENCY FOOD 

General Fund Appropriation $ 114,831 

State Fund Appropriation $ 10,921,130 



161 



Ord. No. 226 

260 CONSTRUCTION AND BUILDING INSPECTION 

General Fund Appropriation $ 2,683,814 

Federal Fund Appropriation $ 768,445 

570 PRESERVATION OF HISTORIC PLACES 

General Fund Appropriation $ 211,767 

Federal Fund Appropriation $ 30,939 

582 FINANCE AND DEVELOPMENT 

General Fund Appropriation $ 1,109,654 

Federal Fund Appropriation $ 2,153,070 

583 NEIGHBORHOOD SERVICES 

General Fund Appropriation $ 6,077,788 

Federal Fund Appropriation $ 2,008,314 

State Fund Appropriation $ 55,278 

585 BALTIMORE DEVELOPMENT CORPORATION 

General Fund Appropriation $ 2,123,260 

Federal Fund Appropriation $ 400,000 

Special Fund Appropriation $ 382,050 

593 COMMUNITY SUPPORT PROJECTS 

General Fund Appropriation $ 100,000 

Federal Fund Appropriation $ 10,515,050 

State Fund Appropriation $ 1,645,000 

597 WEATHERIZATION 

State Fund Appropriation $ 2,449,123 

Special Fund Appropriation $ 93,000 

604 CHILD CARE CENTERS 

General Fund Appropriation $ 1,396,790 

605 HEAD START 

Federal Fund Appropriation $ 9,906,570 

606 ARTS AND EDUCATION 

Federal Fund Appropriation $ 419,786 

State Fund Appropriation $ 78,610 

LAW, DEPARTMENT OF 
175 LEGAL SERVICES 

General Fund Appropriation $ 5,367,471 



162 



Ord. No. 226 
LEGISLATIVE REFERENCE, DEPARTMENT OF 

106 LEGISLATIVE REFERENCE SERVICES 

General Fund Appropriation $ 340,010 

Special Fund Appropriation $ 81,518 

107 ARCHIVES AND RECORDS MANAGEMENT 

General Fund Appropriation $ 245,993 

LIBRARY, ENOCH PRATT FREE 

450 ADMINISTRATIVE AND TECHNICAL SERVICES 

General Fund Appropriation $ 349,848 

State Fund Appropriation $ 45,000 

Special Fund Appropriation $ 64,616 

452 EXTENSION SERVICES 

General Fund Appropriation $ 8,543,283 

453 STATE LIBRARY RESOURCE CENTER 

General Fund Appropriation $ 5,734,688 

State Fund Appropriation $ 3,659,196 

LIQUOR LICENSE COMMISSIONERS, BOARD OF 

250 LIQUOR CONTROL 

General Fund Appropriation $ 1,055,565 

MAYORALTY 

125 EXECUTIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 2,854,014 

127 TASK FORCE FOR LLMSON 
WITH GENERAL ASSEMBLY 

General Fund Appropriation $ 394,611 

350 OFFICE OF CHILDREN AND YOUTH 

General Fund Appropriation $ 237,069 

State Fund Appropriation $ 110,500 

599 OFHCE OF INTERNATIONAL PROGRAMS 

General Fund Appropriation $ 168,353 



163 



Ord. No. 226 

MAYORALTY-RELATED 

492 PROMOTION OF ART AND CULTURE 

General Fund Appropriation $ 528,378 

Federal Fund Appropriation $ 12,500 

State Fund Appropriation $ 44,679 

Special F\ind Appropriation $ 170,746 

493 ART AND CULTURE GRANTS 

General Fund Appropriation $ 4,622,254 

572 CABLE AND COMMUNICATIONS COORDINATION 

General Fund Appropriation $ 605,183 

,^, 590 CIVIC PROMOTION 

«!- General Fund Appropriation $ 4,107,150 

ir 

I! 120 PROMOTION OF EQUAL RIGHTS FOR WOMEN 

General Fund Appropriation $ 185,123 

Special Fund Appropriation $ 8,376 

324 AGING AND RETIREMENT EDUCATION 

General Fund Appropriation $ 738,811 

Motor Vehicle Fund Appropriation . $ 391,000 

Federal Fund Appropriation $ 5,820,837 

State Fund Appropriation $ 2,954,017 

Special Fund Appropriation $ 92,000 

129 CONDITIONAL PURCHASE 
AGREEMENT PAYMENTS 

General Fund Appropriation $ 9,978,917 

Loan & Guarantee Enterprise 

Fund Appropriation $ 273,416 

121 CONTINGENT FUND 

General Fund Appropriation $ 1,000,000 

531 CONVENTION CENTER OPERATIONS 

General Fund Appropriation $ 5,029,022 

540 BALTIMORE ARENA OPERATIONS 

General Fund Appropriation $ 650,000 



164 



Ord. No. 226 



224 MAYOR'S COORDINATING COUNCIL 
ON CRIMINAL JUSTICE 

General Fund Appropriation $ 339,229 

Federal Fund Appropriation $ 509,213 

Special Fund Appropriation $ 296,500 

123 GENERAL DEBT SERVICE 

General Fund Appropriation $ 51,142,107 

Motor Vehicle Fund Appropriation . $ 20,871,273 

446 EDUCATIONAL GRANTS 

General Fund Appropriation $ 1,309,699 

385 HEALTH AND WELFARE GRANTS 

General Fund Appropriation $ 118,023 

128 LABOR RELATIONS 

General Fund Appropriation $ 342,294 

352 LOCAL SHARE TO CITY SCHOOLS 

General Fund Appropriation $ 187,000,000 

122 MISCELLANEOUS GENERAL EXPENSES 

General Fund Appropriation $ 6,566,591 

538 MUNICIPAL MARKETS ADMINISTRATION 

General Fund Appropriation $ 1,756,460 

630 ADMINISTRATION (TITLE T) 

General Fund Appropriation $ 145,661 

631 JOB TRAINING PARTNERSHIP (TITLES II AND IID 

Federal Fund Appropriation $ 16,815,000 

639 SPECLU SERVICES 

General Fund Appropriation $ 1,023,795 

Federal Fund Appropriation $ 11,756,766 

State Fund Appropriation $ 4,050,645 

351 RETIREES' HEALTH BENEFITS 

General Fund Appropriation $ 33,598,420 



165 



Ord. No. 226 

126 CONTRBUTION TO SELF-INSURANCE FUND 

General Fund Appropriation $ 16,504,095 

Motor Vehicle Fund Appropriation . $ 3,281,330 

MUSEUM OF ART 

489 OPERATION OF MUSEUM OF ART 

General Fund Appropriation $ 2,909,917 

OCCUPATIONAL MEDICINE AND SAFETY, 
OFFICE OF 

167 OCCUPATIONAL MEDICINE AND SAFETY 

General Fund Appropriation $ 856,773 

PLANNING, DEPARTMENT OF 

187 CITY PLANNING 

General Fund Appropriation $ 1,798,551 

Motor Vehicle Fund Appropriation . $ 915,211 

Federal Fund Appropriation $ 460,000 

State Fund Appropriation $ 57,000 

POUCE, DEPARTMENT OF 

200 ADMINISTRATIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 10,462,604 

201 GENERAL PATROL 

General Fund Appropriation $ 102,124,513 

State Fund Appropriation $ 4,300,000 

202 INVESTIGATIONS 

General Fund Appropriation $ 16,144,000 

Federal Fund Appropriation $ 145,000 

Special Fund Appropriation $ 355,000 

203 TRAFFIC 

Motor Vehicle Fund Appropriation . $ 8,699,154 

Federal Fund Appropriation $ 30,000 

State Fund Appropriation $ 50,000 



166 



Ord. No. 226 



204 SERVICES BUREAU 

General Fund Appropriation $ 18,797,321 

Special Fund Appropriation $ 1,640,000 

205 NON-ACTUARIAL RETIREMENT BENEFITS 

General Fund Appropriation $ 10,114,397 

207 SPECIAL OPERATIONS 

General Fund Appropriation $ 18,344,508 

PUBLIC WORKS, DEPARTMENT OF 

190 ADMINISTRATIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 749,547 

192 GENERAL SERVICES ADMINISTRATION 

General Fund Appropriation $ 89,925 

193 BUILDING MANAGEMENT 

General Fund Appropriation $ 13,751,512 

195 TOWING 

General Fund Appropriation $ 426,998 

Motor Vehicle Fund Appropriation . $ 4,305,703 

State Fund Appropriation $ 18,240 

198 BUILDING ENGINEERING 

General Fund Appropriation $ 335,325 

230 ADMINISTRATIVE DIRECTION AND CONTROL 

Motor Vehicle Fund Appropriation . $ 5,123,182 

Federal Fund Appropriation $ 100,000 

231 TRAFFIC ENGINEERING 

Motor Vehicle Fund Appropriation . $ 2,116,674 

232 PARKING MANAGEMENT 

Parking Management 

Fund Appropriation $ 3,818,175 

Federal Fund Appropriation $ 119,962 

233 TRAFFIC SIGNS AND STREET MARKINGS 

Motor Vehicle Fund Appropriation . $ 4,241,244 

State Fund Appropriation $ 12,765 



167 



Ord. No. 226 

234 CONSTRUCTION AND MAINTENENCE OF TRAFFIC SIGNALS 

Motor Vehicle Fund Appropriation . $ 4,429,843 

235 PARKING ENFORCEMENT 

Parking Management 

Fund Appropriation $ 3,757,568 

239 TRAFFIC OPERATIONS 

General Fund Appropriation $ 183,064 

Motor Vehicle Fund Appropriation . $ 2,281,669 

500 STREET LIGHTING 

Motor Vehicle Fund Appropriation . $ 15,519,919 

^. 501 PUBLIC STREETS, BRIDGES, AND HIGHWAYS 

i Motor Vehicle Fund Appropriation . $ 25,208,845 

'I 



503 HIGHWAY ADMINISTRATION AND ENGINEERING 

General Fund Appropriation $ 879,195 

Motor Vehicle Fund Appropriation . $ 396,045 

515 SOLID WASTE COLLECTION 

General Fund Appropriation $ 16,437,373 

Motor Vehicle Fund Appropriation . $ 16,485,222 

516 SOLID WASTE DISPOSAL 

General Fund Appropriation $ 21,500,070 

Motor Vehicle Fund Appropriation . $ 1,441,055 

518 MAINTENANCE AND REPAIR 
OF STORM WATER SYSTEMS 

General Fund Appropriation $ 553,390 

Motor Vehicle Fund Appropriation . $ 4,226,590 

519 SOLID WASTE ENGINEERING 

AND STORM WATER MANAGEMENT 

General Fund Appropriation $ 206,939 

Motor Vehicle Fund Appropriation . $ 782,590 

544 MAINTENANCE AND REPAIR 
OF SANITARY SYSTEMS 
Waste Water Utility 

Fund Appropriation $ 8,944,085 



168 



Ord. No. 226 



546 WATER DISTRIBUTION, 

WATER METERS, AND INVESTIGATION 

Water Utility Fund Appropriation . . $ 17,844,457 

548 CONDUITS 

General Fund Appropriation $ 1,795,229 

550 WASTE WATER FAdLITIES 
Waste Water Utility 

Fund Appropriation $ 61,576,260 

552 WATER FACIUTIES 

Water Utility Fund Appropriation . . $ 18,903,199 

553 WATER ENGINEERING AND ADMINISTRATION 

Water Utility Fund Appropriation . . $ 6,291,612 

554 WASTE WATER ADMINISTRATION 
AND ENGINEERING 

Waste Water Utility 

Fund Appropriation $ 9,036,165 

555 ENVIRONMENTAL SERVICES DIVISION 

Waste Water Utility 

Fund Appropriation $ 2,137,757 

Water Utility Fund Appropriation . . $ 308,559 

560 FAdLITIES ENGINEERING 

Waste Water Utility 

Fund Appropriation $ 402,348 

Water Utility Fund Appropriation . . $ 159,278 

561 UTIUTY BILLING 

Water Utility Fund Appropriation . . $ 6,449,848 

565 UTILITY DEBT SERVICE 
Waste Water Utility 

Fund Appropriation $ 9,281,310 

Water Utility Fund Appropriation .. $ 10,451,342 

580 OFF-STREET PARKING FAdLITIES 
Parking Enterprise 

Fund Appropriation $ 12,754,495 



169 






Ord. No. 226 

RECREATION AND PARKS, DEPARTMENT OF 

471 ADMINISTRATIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 1,909,981 

State Fund Appropriation $ 20,299 

473 MUNICIPAL CONCERTS 

AND OTHER MUSICAL EVENTS 

General Fund Appropriation $ 60,326 

478 GENERAL PARK SERVICES 

General Fund Appropriation $ 12,666,989 

State Fund Appropriation $ 656,743 

^. 479 SPECL\L FACILITIES 

< : General Fund Appropriation $ 2,002,574 

Special Fund Appropriation $ 79,000 

480 REGULAR RECREATIONAL SERVICES 

General Fund Appropriation $ 12,662,427 

Federal Fund Appropriation $ 150,000 

Special Fund Appropriation $ 50,000 

482 SUPPLEMENTARY RECREATIONAL SERVICES 

Federal Fund Appropriation $ 140,000 

Special Fund Appropriation $ 1,284,893 

505 PARK AND STREET TREES 

General Fund Appropriation $ 290,463 

Motor Vehicle Fund Appropriation . $ 1,877,717 

SHERIFF, OFFICE OF 

118 SHERIFF SERVICES 

General Fund Appropriation $ 4,519,191 

SOCLU SERVICES, DEPARTMENT OF 

365 PUBLIC ASSISTANCE 

General Fund Appropriation $ 510,194 

STATE'S ATTORNEY, OFFICE OF 

115 PROSECUTION OF CRIMINALS 

General Fund Appropriation $ 11,758,490 



170 



Ord. No. 226 

Federal Fund Appropriation $ 1,011,508 

Special Fund Appropriation $ 83,010 

WAGE COMMISSION 

165 WAGE ENFORCEMENT 

General Fund Appropriation $ 184,902 

WAR MEMORIAL COMMISSION 

487 OPERATION OF WAR MEMORIAL BUILDING 

General Fund Appropriation $ 247,111 

ZONING APPEALS, DEPARTMENT OF MUNICIPAL AND 

185 ZONING, TAX, AND OTHER APPEALS 

General Fund Appropriation $ 339,345 

INTERNAL SERVICE FUND AUTHORIZATIONS 

Qvil Service Commission 

160 Personnel Administration 

An internal service fund is hereby authorized to provide for the 
operation of the Unemployment Insurance Function, the costs of which 
are to be recovered from contributions from various Fund sources. 

161 Vision Care Program 

An internal service fund is hereby authorized to provide for the 
operation of an Employee Vision Care Program, the costs of which are 
to be recovered from contributions from various Fund sources. 

Comptroller, Department of 

130 Executive Direction and Control 

An internal service fund is hereby authorized to provide for the 
administration of the Municipal Telephone Exchange and the Municipal 
Post Office, the cost of which is to be recovered from using agencies. 

133 Municipal Telephone Exchange 

An internal service fund is hereby authorized to provide for operation of 
a Municipal Telephone Exchange, the costs of which are to be recovered 
from using agencies. 



171 



Ord. No. 226 

136 Municipal Post Office 

An internal service fund is hereby authorized to provide for operation of 
a Municipal Post Office, the costs of which are to be recovered from 
using agencies. 

Finance, Department of 

144 Purchasing 

An internal service fund is hereby authorized to provide for operation of 
a Municipal Reproduction and Printing Service, the costs of which are to 
be recovered from using agencies. 

An internal service fund is hereby authorized to provide for Centralized 
Automotive Parts Warehousing and Inventory, the costs of which are to 
,, be recovered from using agencies. 

! 145 Risk Management Services 

^ An internal service fund is hereby authorized to provide for the 

operation of the Risk Management Office, the costs of which are to be 
- recovered from the Self-Insurance Fund. 

148 Bureau of Accounting Operations 
i; - An internal service fund is hereby authorized to provide for accounting 

: services of the Mobile Equipment Program, the costs of which are to be 

recovered from using agencies. 



Law, Department of 

175 Legal Services 

An internal service fund is hereby authorized to provide for a Self- 
Insurance Program Covering Automotive Equipment, Police Animal 
Liability and Employee Liability, the costs of which are to be recovered 
from the Self-Insurance Fund. 

Public Works, Department of 

189 Motor Equipment Division 

An internal service fund is hereby authorized to provide for operation of 
a Central Automotive and Mechanical Repair Service, the costs of which 
are to be recovered firom using agencies. 

190 Administrative Direction and Control 

An internal service fund is hereby authorized to provide for the 
administration of all Qty contracts for construction or alteration of 
streets, highways, bridges, public buildings, or other municipal facilities. 



172 



Ord. No. 226 

the costs of which are to be recovered from capital project 
appropriations. 

198 Building Engineering 

An internal service fund is hereby authorized to provide for inspection 

of construction or alterations of Qty-owned buildings, the costs of 

which are to be recovered from capital project appropriations or using 

agencies. 

239 Traffic Operations 

An internal service fund is hereby authorized to provide for operation of 
a Qty-owned Two-way Radio System, the costs of which are to be 
recovered from using agencies. 

503 Highway Administration and Engineering 

An internal service fund is hereby authorized to provide for inspection 
services of highway construction and reconstruction projects, the costs 
of which are to be recovered from capital project appropriations. 

519 Solid Waste Engineering and Storm Water Management 

An internal service fund is hereby authorized to provide for inspection 

services of solid waste and storm water facility construction or 

alteration, the costs of which are to be recovered from capital project 

appropriations. 

553 Water Engineering and Administration 

An internal service fund is hereby authorized to provide for inspection 
service for the construction or alteration of the Qt^s water system, the 
costs of which are to be recovered from capital project appropriations. 

560 Facilities Engineering 

An internal service fund is hereby authorized to provide for inspection 
service for Municipal Facilities, the costs of which are to be recovered 
from capital project appropriations. 

B. CAPITAL BUDGET 

SEC. 2. AND BE IT FURTHER ORDAINED, That the Capital 
Improvement Appropriations herein made are for the following 
Construction Projects provided that the appropriations will be placed in 
Construction Reserve accounts at the begiiming of the fiscal year and 
transferred by the Board of Estimates to Construction Accounts as 
project funds are needed. 



173 



Ord. No. 226 

BALTIMORE DEVELOPMENT CORPORATION 

601-459 PORT COVINGTON BUSINESS PARK - DEVELOPMENT 

Qty Loan Fund Appropriation . $ 7,500,000 

601-854 ENTERPRISE DEVELOPMENT FUND 

Mayor and Qty Council Real Prop. Fund 

Appropriation $ 500,000 

Other Special Fund 

Appropriation $ 219,000 

601-858 FUTURE BALTIMORE DEVELOPMENT PROJECTS 

aty Loan Fund Appropriation . $ 1,000,000 

Federal Fund Appropriation . . $ 1,500,000 

«';; 601-859 DEVELOPMENT PROJECTS - SITE IMPROVEMENTS 

r Mayor and City Council Real Prop. 

! Fund Appropriation $ 3,500,000 

601-860 ECONOMIC DEVELOPMENT INCENTIVES 

General Fund Appropriation . . $ 1,000,000 

603-100 INNER HARBOR EAST - REDEVELOPMENT 

State Fund Appropriation .... $ 3,000,000 

603-106 PRESIDENT STREET STATION - RESTORATION 

Federal Fund Appropriation . . $ 400,000 

603-108 HARRISON'S WHARF 

CDBG Loan Fund Appropriation $ 177,000 

603-113 POWER PLANT - CAPITAL MAINTENANCE 

General Fund Appropriation . . $ 300,000 

603-120 CHRISTOPHER COLUMBUS CENTER - CONSTRUCTION 
Federal Fund Deappropriation $ (34,000,000) 

Industrial Development Authority 

Fund Appropriation .... $ 6,680,000 

State Fund Deappropriation . . $ (11,100,000) 

603-300 INNER HARBOR I - PUBLIC IMPROVEMENTS 
Other Special Fund 

Appropriation $ 500,000 



174 



Ord. No. 226 

603-901 DOWNTOWN PARTNERSHIP - IMPROVEMENTS 

Gty Loan Fund Appropriation . $ 1,000,000 

EDUCATION, DEPARTMENT OF 

417-111 BALTIMORE PUBLIC SCHOOLS - 

SYSTEMIC RENOVATIONS - FY 1994 

Qty Loan Fund Appropriation . $ 4,388,000 

State Fund Appropriation .... $ 7,363,000 

418-017 THOMAS JEFFERSON ELEMENTARY SCHOOL 232 - 
RENOVATION 

Qty Loan Fund Appropriation . $ 171,000 

418-020 SCHOOL CONSTRUCTION - ASBESTOS REMOVAL 

Qty Loan Fund Appropriation . $ 722,000 

418-114 WINDSOR HILLS ELEMENTARY SCHOOL 87 - 
RENOVATION 

Qty Loan Fund Appropriation . $ 248,000 

418-305 GARRETT HEIGHTS ELEMENTARY SCHOOL 212 - 
RENOVATION 

Qty Loan Fund Appropriation . $ 304,000 

418-320 CROSS COUNTRY ELEMENTARY SCHOOL 247 - 
RENOVATIONS 

Qty Loan Fund Appropriation . $ 167,000 

HEALTH, DEPARTMENT OF 

312-002 EASTERN HEALTH FACILITY - EXPANSION 
Other Special Fund 

Appropriation $ 31,000 

HOUSING AND COMMUNITY DEVELOPMENT, DEPARTMENT OF 

588-202 PARK HEIGHTS - COMMUNITY DEVELOPMENT 

CDBG Loan Fund Appropriation $ 899,000 

588-234 REISTERSTOWN ROAD - IMPROVEMENTS 

Qty Loan Fund Appropriation . $ 250,000 

588-283 PIMLICO RACE TRACK IMPACT PROGRAM 

State Fund Appropriation .... $ 523,000 



175 



Ord. No. 226 

588-302 HARLEM PARK - COMMUNITY DEVELOPMENT 

aty Loan Fund Appropriation . $ 100,000 

CDBG Loan Fund Appropriation $ 185,000 

588-303 RESERVOIR HILL - COMMUNITY DEVELOPMENT 

aty Loan Fund Appropriation . $ 100,000 

CDBG Loan Fund Appropriation $ 526,000 

588-305 ROSEMONT - COMMUNITY DEVELOPMENT 

aty Loan Fund Appropriation . $ 350,000 

588-306 SANDTOWN WINCHESTER - 
COMMUNITY DEVELOPMENT 

CDBG Loan Fund Appropriation $ 307,000 

588-307 UPTON - COMMUNITY DEVELOPMENT 

aty Loan Fund Appropriation . $ 50,000 

CDBG Loan Fund Appropriation $ 294,000 

588-308 PENN NORTH - COMMUNITY DEVELOPMENT 
CDBG Loan Fund 

Deappropriation $ (23,000) 

588-312 WEST SECTOR OUTER CITY 

CDBG Loan Fund Appropriation $ 437,000 

588-318 INNER BLOCK PARKS - RENOVATION 

aty Loan Fund Appropriation .... $ 100,000 

588-322 MIDTOWN EDMONDSON 

CDBG Loan Fund Appropriation $ 215,000 

588-332 PENNSYLVANL\ AVENUE COMMERCL\L AREA 

aty Loan Fund Appropriation . $ 300,000 

588-340 DOLFIELD COMMERCIAL AREA 

aty Loan Fund Appropriation . $ 300,000 

588-341 MIDTOWN EDMONDSON COMMERCLU AREA 

aty Loan Fund Appropriation . $ 200,000 

588-403 FRANKLIN SQUARE - COMMUNITY DEVELOPMENT 

City Loan Fund Appropriation . $ 100,000 



176 



Ord. No. 226 



588-406 POPPLETON - COMMUNITY DEVELOPMENT 
CDBG Loan Fund 

Deappropriation $ (872,000) 

588-408 SHARP-LEADENHALL 
CDBG Loan Fund 

Deappropriation $ (272,000) 

588-409 WASHINGTON VILLAGE 
CDBG Loan Fund 

Deappropriation $ (38,000) 

588-412 SOUTHWEST OUTER CITY 
CDBG Loan Fund 

Deappropriation $ (19,000) 

588-489 NU-GOLD BOTTLING SITE - REDEVELOPMENT 
CDBG Loan Fund 

Appropriation $ 1,015,000 

588-496 STADIUM IMPACT AREA - CAMDEN YARDS 

Qty Loan Fund Appropriation . $ 200,000 

588-505 JONESTOWN - COMMUNITY DEVELOPMENT 

CDBG Loan Fund Appropriation $ 225,000 

588-506 MIDDLE EAST - COMMUNITY DEVELOPMENT 

CDBG Loan Fund Appropriation $ 632,0(X) 

588-508 WASHINGTON HILL CHAPEL 

CDBG Loan Fund Appropriation $ 7,000 

588-512 SOUTHEAST SECTOR OUTER CITY 

CDBG Loan Fund Appropriation $ 150,000 

588-601 COLDSTREAM/HOMESTEAD/MONTEBELLO 
CDBG Loan Fund 

Deappropriation $ (54,000) 

588-602 EAST BALTIMORE MIDWAY - 
COMMUNITY DEVELOPMENT 

CDBG Loan Fund Appropriation $ 95,000 

588-603 BARCLAY - COMMUNITY DEVELOPMENT 

CDBG Loan Fund Appropriation $ 255,000 



177 



Ord. No. 226 

588-604 GREENMOUNT WEST - COMMUNITY DEVELOPMENT 

CDBG Loan Fund Appropriation $ 274,000 

588-605 JOHNSTON SQUARE 
CDBG Loan Fund 

Deappropriation $ (165,000) 

588-684 BROADWAY EAST - COMMUNITY DEVELOPMENT 

Qty Loan Fund Appropriation . $ 500,000 

CDBG Loan Fund 

Deappropriation $ (191,000) 

588-707 MARKET CENTER 

CDBG Loan Fund 

Deappropriation $ (308,000) 

588-802 CITY HOUSING ASSISTANCE PROGRAM LOANS 

CDBG Loan Fund Appropriation $ 400,000 

588-803 DEFERRED LOAN PROGRAM 

CDBG Loan Fund Appropriation $ 1,400,000 

588-815 NEHEMLflJi HOUSING 
CDBG Loan Fund 

Deappropriation $ (23,000) 

588-816 REVOLVING LOAN/DEFERRED LOAN PROGRAM 

CDBG Loan Fund Appropriation $ 143,000 

588-824 EMERGENCY SHELTER GRANTS 

Federal Fund Appropriation . . $ 400,000 

588-830 APPROACHWAY IMPROVEMENTS 

aty Loan Fund Appropriation . $ 100,000 

588-831 COMMERCL^L REVTTAUZATION 

aty Loan Fund Appropriation . $ 150,000 

588-848 HOME PROGRAM 

aty Loan Fund Appropriation . $ 1,000,000 

588-849 PARTNERSHIP RENTAL PROJECT 

aty Loan Fund Appropriation . $ 100,000 



178 



Ord. No. 226 



588-882 PROPERTY MANAGEMENT 

CDBG Loan Fund Appropriation $ 650,000 

588-885 EMERGENCY DEMOLITION 

CDBG Loan Fund Appropriation $ 1,400,000 

588-886 CONSERVATION AREAS 

Qty Loan Fund Appropriation . $ 300,000 

588-888 HARDSHIP HOME REPAIR FOR THE ELDERLY 

CDBG Loan Fund Appropriation $ 200,000 

588-889 RELOCATION PROGRAM 

CDBG Loan Fund Appropriation $ 650,000 

588-893 NEIGHBORHOOD SERVICES 

AND IMPROVEMENT PROGRAM 

Qty Loan Fund Appropriation . $ 1,000,000 

Mayor and Qty Council Real Prop. 

Fund Appropriation .... $ 650,000 

Other Sf)ecial Fund 

Appropriation $ 250,000 

588-894 NEIGHBORHOOD INCENTIVE PROGRAM 

Qty Loan Fund Appropriation . $ 250,000 

588-896 VACANT HOUSE INmATIVE 

Qty Loan Fund Appropriation . $ 750,000 

CDBG Loan Fund Appropriation $ 300,000 

588-899 CITY-WIDE REHABILITATION 

CDBG Loan Fund Appropriation $ 1,163,000 

588-922 BALTIMORE JOBS IN ENERGY 

CDBG Loan Fund Appropriation $ 55,000 

588-942 WASHINGTON VILLAGE - HOUSING DEVELOPMENT 

CDBG Loan Fund Appropriation $ 75,000 

588-981 DROP-IN HOUSING 

CDBG Loan Fund 

Deappropriation $ (115,000) 

592-831 MICROENTERPRISE LOANS 

CDBG Loan Fund Appropriation $ 2,500,000 



179 



Ord. No. 226 

LIBRARY, ENOCH PRATT FREE 

457-021 LIBRARIES - PUBLIC ACCESS TECHNOLOGY - CIRCULATION 
General Fund Appropriation . . $ 150,000 

Other Special Fund 

Appropriation ........ $ 50,000 

457-022 CD-ROM DATABASE NETWORK SYSTEM 

General Fund Appropriation . . $ 25,000 

State Fund Appropriation .... $ 25,000 

457-200 LIBRARY FAdLITIES - MODERNIZATION 

General Fund Appropriation . . $ 107,000 

Other Special Fund 

Appropriation $ 13,000 

MAYORALTY-RELATED 

127-034 CITYWIDE FAdLITIES IMPROVEMENTS 

General Fund Appropriation . . $ 507,000 

127-067 CASINO BUILDING ADULT DAY CARE CENTER 
Other Special Fund 

Appropriation $ 250,000 

State Fund Appropriation $ 400,000 

127-095 NEIGHBORHOOD FAdLITIES - RENOVATION 

dty Loan Fund Appropriation . $ 1,500,000 

127-110 MUSEUM OF INDUSTRY - 

WATERFRONT DEVELOPMENT 

General Fund Appropriation . . $ 25,000 

State Fund Appropriation .... $ 25,000 

127-112 MUSEUM OF INDUSTRY - 

PARK/OFFICE DEVELOPMENT 

Federal Fund Appropriation . . $ 425,000 

State Fund Appropriation .... $ 425,000 

483-010 BALTIMORE ZOO - GREAT APE EXHIBIT - 
CONSTRUCTION 

Other Special Fund 

Deappropriation $ (2,300,000) 



180 



I 



Old. No. 226 



483-016 BALTIMORE ZOO - INTERNATIONAL VALLEY - 
RECONSTRUCTION 

Other Special Fund 

Appropriation $ 2,234,000 

State Fund Appropriation .... $ 2,234,000 

529-025 AQUARIUM - RING TANKS - RENOVATION 

Qty Loan Fund Appropriation . $ 3,500,000 

Other Special Fund 

Appropriation $ 638,000 

State Fund Appropriation .... $ 2,000,000 

534-018 CONVENTION CENTER - EXPANSION 
Revenue Bond Fund 

Appropriation $ 65,140,000 

534-028 CONVENTION CENTER - CARPET REPLACEMENT 

State Fund Deappropriation . . $ (13,000) 

541-044 BALTIMORE ARENA - IMPROVEMENTS TO ASSIST 
DISABLED PERSONS 

General Fund Appropriation . . $ 100,000 

MUSEUM OF ART 

488-006 ART MUSEUM - ORIGINAL BUILDING GALLERIES - 
RENOVATION 

General Fund Appropriation . . $ 325,000 

State Fund Appropriation .... $ 325,000 

488-008 ART MUSEUM - PARKING PLAZA - CONSTRUCTION 

General Fund Appropriation . . $ 100,000 

488-009 MUSEUM OF ART - ROOF REPLACEMENT 

Federal Fund Appropriation . . $ 100,000 

General Fund Appropriation . . $ 455,000 
Other Special Fund 

Appropriation $ 90,000 

State Fund Appropriation .... $ 175,000 

488-015 ART MUSEUM - THIRD FLOOR PRINT VAULT - 
RENOVATION 

Federal Fund Appropriation . . $ 25,000 

General Fund Appropriation . . $ 175,000 



181 



Ord. No. 226 

MUSEUMS, BALTIMORE CITY LIFE 

491-005 BALTIMORE HISTORY MUSEUM - 
CONSTRUCTION 

State Fund Appropriation .... $ 500,000 

491-007 MUSEUM ROW/ALBEMARLE STREET - 
IMPROVEMENTS 

Federal Fund Appropriation . . $ 210,000 

491-010 PEALE MUSEUM - 

ACCESSIBILITY, SITE IMPROVEMENTS 

General Fund Appropriation . . $ 115,000 

<- 491-011 CARROLL MANSION - RENOVATION 

{: General Fund Appropriation . . $ 40,000 

! OFFICE OF EMPLOYMENT DEVELOPMENT 

641-002 23RD STREET EMPLOYMENT 
DEVELOPMENT COMPLEX 

General Fund Appropriation . . $ 283,000 

641-003 24TH STREET EMPLOYMENT 
> DEVELOPMENT COMPLEX 

' General Fund Appropriation . . $ 237,000 

POUCE, DEPARTMENT OF 

206-022 POUCE HEADQUARTERS 

Industrial Development Authority 

Fund Appropriation $ 11,620,000 

Mayor and Qty Council 

Real Prop. Fund Appropriation $ 4,000,000 

206-900 DISTRICT STATIONS - RENOVATION 

General Fund Appropriation . . $ 200,000 

PUBLIC WORKS, DEPARTMENT OF 

197-013 DISTRICT POUCE BUILDINGS - RENOVATION 

General Fund Appropriation . . $ 200,000 



182 



I 



Ord. No. 226 

197-029 PULASKI HIGHWAY SUBSTATION - EXPANSION 
Other Special Fund 

Appropriation $ 100,000 

197-052 CITY HALL - RESTORATION 

General Fund Appropriation . . $ 200,000 

197-092 PUBLIC BUILDINGS ROOF 
REPLACEMENT PROGRAM 

General Fund Appropriation . . $ 450,000 

197-093 PUBLIC BUILDINGS 

HVAC SYSTEMS IMPROVEMENT 

General Fund Appropriation . . $ 450,000 

197-121 WOLLMAN BUILDING - 

PLUMBING MODERNIZATION 

General Fund Appropriation . . $ 625,000 

197-136 UNDERGROUND STORAGE TANK REMOVAL 

General Fund Appropriation . . $ 400,000 

197-137 FACILnT ACCESSmniTY MODIFICATIONS 

General Fund Appropriation . . $ 500,000 

504-100 FOOTWAY PAVING 

CONSTRUCTION RESERVE 
Motor Vehicle Fund 

Appropriation $ 100,000 

Other Special Fund 

Appropriation $ 1,000,000 

504-200 ALLEY PAVING CONSTRUCTION RESERVE 
Motor Vehicle Fund 

Appropriation $ 1,000,000 

Other Special Fund 

Appropriation $ 1,000,000 

504-300 SIDEWALKS DAMAGED BY TREE ROOTS - 
REPAIRS 

Motor Vehicle Fund 

Appropriation $ 900,000 



183 



Ord. No. 226 

507-001 INTERSTATE PROGRAM 

CONSTRUCTION RESERVE 
Motor Vehicle Fund 

Appropriation $ 163,000 

Other Special Fund 

Appropriation $ 200,000 

507-002 PROJECT VISION STREETS - RESURFACING 

Federal Fund Appropriation . . $ 920,000 

Motor Vehicle Fund 

Appropriation $ 261,000 

507-019 MOUNT STREET BRIDGE (BC# 8009) - 
RECONSTRUCTION 
^- Federal Fund Appropriation . . $ 300,000 

t 

!:; 507-152 KEY HIGHWAY - RECONSTRUCTION 

h Federal Fund Appropriation . . $ 1,040,000 

Motor Vehicle Fund 
•i; Appropriation $ 260,000 

507-317 LIBERTY HEIGHTS AVENUE BRIDGE (BC# 2201) 
i; Federal Fund Appropriation . . $ 2,500,000 



'S 



507-392 MONUMENT STREET - RECONSTRUCTION 

Federal Fund Appropriation . . $ 1,600,000 

Motor Vehicle Fund 

Appropriation $ 149,000 

507-524 PATAPSCO AVENUE BRIDGE (BC# 5204) 
REPLACEMENT 

Federal Fund Appropriation . . $ 2,000,000 

Motor Vehicle Fund 

Appropriation $ 400,000 

507-615 PATAPSCO AVENUE - RESURFACING 

Federal Fund Appropriation . . $ 1,200,000 

Motor Vehicle Fund 

Appropriation $ 300,000 

507-682 CLIFTON AVENUE BRIDGE (BC# 2502) 
RECONSTRUCTION 

Federal Fund Appropriation . . $ 4,000,000 

Motor Vehicle Fimd 

Appropriation $ 1,000,000 



184 



Ord. No. 226 



507-800 HAMILTON AVENUE - RESURFACING 

Federal Fund Appropriation . . $ 250,000 

507-801 33RD STREET - RESURFACING 

Federal Fund Appropriation . . $ 800,000 

507-802 LIBERTY HEIGHTS AVENUE - RESURFACING 

Federal Fund Appropriation . . $ 1,254,000 

507-803 FREDERICK AVENUE RESURFACING 

Federal Fund Appropriation . . $ 750,000 

507-816 O'DONNELL STREET VL^DUCT 
(BC# 4403) REPLACEMENT 

Federal Fund Appropriation . . $ 480,000 

Motor Vehicle Fund 

Appropriation $ 120,000 

507-817 FREDERICK AVENUE BRIDGE 
(BC# 9013) REHABILITATION 

Federal Fund Appropriation . . $ 450,000 

507-868 PATAPSCO AVE BRIDGE 

(BC# 5206) REHABILITATION 

Federal Fund Appropriation . . $ 1,600,000 

Motor Vehicle Fund 

Appropriation $ 400,000 

507-901 NORTH AVENUE - RECONSTRUCTION 

Federal Fund Appropriation . . $ 1,200,000 

507-910 DOWNTOWN TRANSIT STUDY 

Federal Fund Appropriation . . $ 160,000 

Motor Vehicle Fund 

Appropriation $ 40,000 

507-913 TRAFFIC CONTROL SYSTEM STUDY 

Federal Fund Appropriation . . $ 600,000 

507-914 TRAFFIC SIGNAL CONFUCT MONITOR STUDY 

Federal Fund Appropriation . . $ 100,000 

507-915 TRAFFIC SIGNAL DETECTOR STUDY 

Federal Fund Appropriation . . $ 100,000 



185 



Ord. No. 226 

508-121 DOVER/EUONS/KNOX/HERBERT STREETS - 
RECONSTRUCTION 

Motor Vehicle Fund 

Appropriation $ 952,000 

508-142 RTTTER AND VALIQUET AVENUES - 
RECONSTRUCTION 

Motor Vehicle Fund 

Appropriation $ 800,000 

508-457 PIEDMONT AVENUE - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 259,000 

508-489 HOUSING & COMMUNITY DEVELOPMENT - 
STREET IMPROV. 

Motor Vehicle Fund 

Appropriation $ 500,000 

508-495 CARROLL, PARKSLEY, WILMINGTON & 

SPONSON STS - RECONSTR. 

Motor Vehicle Fund 

Appropriation $ 500,000 

508-499 CATALPHA ROAD - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 213,000 

508-502 INNER HARBOR EAST STREET IMPROVEMENTS 
Motor Vehicle Fund 

Appropriation $ 900,000 

508-511 ROYSTON AVENUE - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 325,000 

508-606 HOPKINS/BAYVIEW RESEARCH PARK 
INTERNAL STREET 

Motor Vehicle Fund 

Appropriation $ 1,000,000 

Other Special Fund 

Appropriation $ 1,000,000 



186 



Ord. No. 226 



508-688 LOW INCOME HOUSING STREETS (NEHEMIAH IID 
Motor Vehicle Fund 

Appropriation $ 500,000 

508-752 COLD SPRING LANE/THE ALAMEDA - 
RECONSTRUCTION 

Motor Vehicle Fund 

Appropriation $ 500,000 

508-846 MAPPING PROGRAM - HIGPiWAYS 
Motor Vehicle Fund 

Appropriation $ 100,000 

509-112 GERMANL\ AVENUE - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 40,000 

509-116 HOLY CROSS LANE - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 40,000 

509-123 NAVARRO AVENUE - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 27,000 

509-510 CLARINDA AVENUE - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 19,000 

509-529 CRENSHAW AVENUE - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 25,000 

509-530 JANNEY STREET - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 60,000 

509-533 ST JOHN'S ROAD - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 37,000 

509-736 BALTIMORE STREET - RESURFACING 
Motor Vehicle Fund 

Appropriation $ 220,000 



187 



Ord. No. 226 

510-901 STREET LIGHT POLE REPLACEMENT PROGRAM 
Motor Vehicle Fund 

Appropriation $ 300,000 

512-001 NEW TRAFFIC SIGNALS 
Motor Vehicle Fund 

Appropriation $ 500,000 

514-200 LOCAL STREET RESURFACING PROGRAM 
Motor Vehicle Fund 

Appropriation $ 8,200,000 

514-433 FAYETTE STREET - RESURFACING 
Motor Vehicle Fund 

Appropriation $ 220,000 

517-022 STREET CLEANING EQUIPMENT FAdLITY 
Other Special Fund 

Appropriation $ 50,000 

517-030 QUARANTINE LANDFILL - CELL 6 
Revenue Bond Fund 

B Deappropriation $ (9,000,000) 

pi 

? 517-040 CAMP SMALL YARD WASTE PROCESSING AREA 

E Mayor and Qty Council Real 

Prop. Fund Deappropriation. . . $ (200,000) 

517-062 QUARANTINE LANDFILL - SEDIMENT BASIN - 
CONSTRUCTION 

Other Special Fund 

Appropriation $ 100,000 

517-063 BOWLEGS LANE LANDFILL - 
METHANE EXTRACTION 
Other Special Fund 

Appropriation $ 40,000 

517-064 MONUMENT STREET LANDFILL - 
LEACHATE WELL REPAIRS 

Mayor and Qty Coimcil Real Prop. 

Fund Appropriation .... $ 87,000 

Other Special Fund 

Appropriation $ 13,000 



188 



Ord. No. 226 



517-066 SANITARY LANDFILL FEASIBILrrY STUDY 

General Fund Appropriation . . $ 100,000 

520-099 SMALL STORM DRAIN REPAIRS 
Motor Vehicle Fund 

Appropriation $ 250,000 

520-128 MOUNT OLIVET LANE STORM DRAIN - 
RELOCATION 

Motor Vehicle Fund 

Appropriation $ 105,000 

520-130 O'DONNELL HEIGHTS 

DRAINAGE IMPROVEMENTS 
Motor Vehicle Fund 

Appropriation $ 100,000 

520-133 STRICKER STREET STORM DRAIN - 
REPLACEMENT 

Motor Vehicle Fund 

Appropriation $ 150,000 

520-134 LAWNDALE AVENUE STORM DRAIN - 
REPLACEMENT 

Motor Vehicle Fund 

Appropriation $ 120,000 

520-314 GWYNNS RUN POLLUTION CONTROL 
Motor Vehicle Fund 

Appropriation $ 185,000 

State Fund 

Appropriation $ 300,000 

520-636 WESTERN RUN AT GLEN AVENUE - 
EROSION CONTROL 
Motor Vehicle Fund 

Appropriation $ 45,000 

520-637 JONES FALLS STREAM BANK - 
STABIUZATION 

Motor Vehicle Fund 

Appropriation $ 325,000 



189 



Ord. No. 226 

520-902 MT. WASHINGTON/ROLAND PARK 
DRAINAGE STUDY 

Motor Vehicle Fund 

Appropriation $ 100,000 

520-903 STORM DRAIN FACILITES 
DATABASE CONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 350,000 

520-905 LOWER GWYNNS FALLS DIKE- PHASE II 
Motor Vehicle Fund 

Appropriation $ 940,000 

551-139 PATAPSCO PLANT - GRIT REMOVAL FAdLITIES - 
CONSTRUCTION 

County Grant Fund 

Appropriation $ 1,681,000 

State Loan Fund Appropriation $ 791,000 



g; 551-144 MAPPING PROGRAM - WASTE WATER SYSTEM 

,- Waste Water Utility Fund 

£ Appropriation $ 250,000 

g 551-312 BACK RIVER PLANT - 

C CHLORINATION BLDG/OUTFALL - MODIFICATIONS 

County Grant Fund 

Appropriation $ 2,500,000 

551-315 PATAPSCO PLANT - SLUDGE FACILITIES - RENOVATION 
County Grant Fund 

Appropriation $ 680,000 

Revenue Bond Fund 

Appropriation $ 320,000 

551-317 WASTE WATER TREATMENT PLANTS - 
PLAN UPDATES 

County Grant Fund 

Appropriation $ 600,000 

Revenue Bond Fund 

Appropriation $ 400,000 

551-327 BACK RIVER WASTE WATER TREATMENT - 
ADVANCED TREATMENT (IID 

Federal Fund Appropriation . . $ 21,173,000 



190 



Ord. No. 226 



551-329 BACK RIVER WASTE WATER TREATMENT PLANT - 
ODOR CONTROL (ID 

Federal Fund Appropriation . . $ 6,600,000 

551-336 PATAPS CO WASTE WATER TREATMENT PLANT - 
ADDITIONAL STORAGE 
County Grant Fund 

Appropriation $ 1,326,000 

Revenue Bond Fund 

Appropriation $ 624,000 

551-337 BACK RIVER WASTE WATER TREATMENT PLANT - 
NEW FRONT ENTRANCE 
County Grant Fund 

Appropriation $ 193,000 

Revenue Bond Fund 

Appropriation $ 192,000 

551-402 COMBINED SEWER SEPARATION PROGRAM 
Revenue Bond Fund 

Appropriation $ 200,000 

551-403 SMALL SEWER EXTENSIONS AND IMPROVEMENTS 
Revenue Bond Fund 

Appropriation $ 200,000 

551-404 INFILTRATION/INFLOW CORRECTION PROGRAM 
Revenue Bond Fund 

Appropriation $ 1,500,000 

551-407 GWYNNS FALLS SEWERSHED CONVEYANCE SYSTEM 
County Grant Fund 

Appropriation $ 160,000 

Revenue Bond Fund 

Appropriation $ 200,000 

557-012 WATER STORAGE TANKS 
MAINTENANCE PROGRAM 
County Grant Fund 

Appropriation $ 600,000 

557-013 PARK TERMINAL - GARAGE RENOVATION 
County Grant Fund 

Appropriation $ 820,000 



191 



Ord. No. 226 



Appropriation $ 1,690,000 

557-031 WATER SUPPLY SYSTEM - ANNUAL IMPROVEMENTS 
County Grant Fund 

Appropriation $ 200,000 

557-070 WATERSHED ROADS AND BRIDGES - 
MAINTENANCE 

County Grant Fund 

Appropriation $ 148,000 

Revenue Bond Fund 

Appropriation $ 252,000 

c 557-083 CHLORINE LEAK DETECTION & 
J: TELEMETRY SYSTEM 

C County Grant Fund 

jl Appropriation $ 150,000 

Revenue Bond Fund 

5 Appropriation $ 150,000 

'p 

r 557-099 MAPPING PROGRAM - WATER SUPPLY SYSTEM 



iTi Water Utility Fund 

i't; Appropriation $ 100,000 



> 



557-100 WATER INFRASTRUCTURE REHABILITATION 
Revenue Bond Fund 

Appropriation $ 4,000,000 

557-101 WATER MAINS - INSTALLATION 
Revenue Bond Fund 

Appropriation $ 2,000,000 

Water Utility Fund 

Appropriation $ 4,000,000 

557-112 WATER SYSTEM CATHODIC PROTECTION 
Water Utility Fund 

Appropriation $ 75,000 

557-120 LEAD PAINT ABATEMENT - 
WATER SUPPLY SYSTEM 
County Grant Fund 

Appropriation $ 260,000 

Revenue Bond Fund 

Appropriation $ 440,000 



192 



Ord. No. 226 



557-122 EASTSIDE MAINTENANCE YARD - CONSTRUCTION 
County Grant Fund 

Appropriation $ 1,047,000 

Revenue Bond Fund 

Appropriation $ 1,783,000 

557-123 ZEBRA MUSSEL CONTROL 
County Grant Fund 

Appropriation $ 1,915,000 

Revenue Bond Fund 

Appropriation $ 3,260,000 

557-135 PAPER MILL ROAD BRIDGE - REPLACEMENT 

Federal Fund Appropriation . . $ 5,600,000 

557-151 DRUID LAKE DAM - REHABILITATION 
County Grant Fund 

Appropriation $ 842,000 

Revenue Bond Fund 

Appropriation $ 1,433,000 

557-300 WATER FAdLITIES - ANNUAL IMPROVEMENTS 
County Grant Fund 

Appropriation $ 300,000 

Revenue Bond Fund 

Appropriation $ 500,000 

557-314 MONTEBELLO WATER CENTER - REHABILITATION 
County Grant Fund 

Appropriation $ 1,036,000 

Revenue Bond Fund 

Appropriation $ 1,764,000 

RECREATION AND PARKS, DEPARTMENT OF 

474-264 STREET TREE PLANTING PROGRAM 

General Fund Appropriation . . $ 100,000 

474-450 PARK REHABILITATION 

State Open Space Fund 

Deappropriation $ (150,000) 

474-461 PARK BUILDING MODERNIZATION 
State Open Space Fund 

Deappropriation $ (97,000) 



193 



Ord. No. 226 

474-464 CYLBURN/DRUID HILL PARK BUILDINGS 
State Open Space Fund 

Deappropriation $ (53,000) 

474-476 BENTALOU RECREATION CENTER - RENOVATION 

General Fund Appropriation . . $ 350,000 

474-481 NORTHWOOD RECREATION CENTER PLAYGROUND - 
RENOVATION 

Mayor and Qty Council Real Prop. 

Fund Appropriation $ 82,000 

474-483 ROOSEVELT PARK POOL - RENOVATION 
State Open Space Fund 

Appropriation $ 450,000 

State Open Space Fund 

Appropriation $ 150,000 

474-484 CHERRY HILL AQUATICS CENTER - RENOVATION 

General Fund Appropriation . . $ 75,000 

State Open Space Fund 

Appropriation $ 225,000 

474-485 HERRING RUN WATERSHED IMPROVEMENTS 
Mayor and Qty Council Real Prop. 

Fund Appropriation $ 100,000 

474-486 PARK PAVILIONS - CONSTRUCTION/REPAIR 

General Fund Appropriation . . $ 60,000 

State Open Space Fund 

Appropriation $ 180,000 

474-487 JOHNSTON SQUARE PARK - REHABILITATION 
State Open Space Fund 

Appropriation $ 150,000 

474-488 GWYNNS FALLS GREENWAY - 
ACQUISITION/CONSTRUCTION 

Federal Fund Appropriation . . $ 400,000 

474-489 BASKETBALL/TENNIS COURT 
RESURFACING - FISCAL 1994 
State Open Space Fund 

Appropriation $ 200,000 



194 



I 



Ord. No. 226 



474^90 CAMP SMALL - SITE RESTORATION 

Mayor and Qty Council Real Prop. 

Fund Appropriation .... $ 200,000 

474-491 PLAYGROUNDS IN LARGE PARKS - FISCAL 1994 
State Open Space Fund 

Appropriation $ 200,000 

474-492 RECREATION CENTER ROOF REPLACEMENTS - FISCAL 1994 
General Fund Appropriation . . $ 50,000 

State Open Space Fund 

Appropriation $ 150,000 

SEC. 3. AND BE IT FURTHER ORDAINED, That the amounts set 
forth in Section 2 above designated deappropriations and enclosed in 
parentheses shall revert to the surpluses of the respective funds and be 
available for appropriation by this or subsequent ordinances. 

SEC. 4. AND BE IT FURTHER ORDAINED, That (a) the Qty 
reasonably expects to reimburse the expenditures described in 
Subsection (b) of this Section with the proceeds of one or more 
borrowings (as such term is used in Treas. Reg. Section 1.103- 
18(c) (2) (i)) to be incurred by the Qty (or any entity controlled by the 
Qty within the meaning of Treas. Reg. Section 1.150-1). The Qty 
intends that this Section of this Ordinance of Estimates (as this 
Ordinance of Estimates may be amended from time to time) shall serve 
as a declaration of the Qt/s reasonable intention to reimburse 
expenditures as required by Treas. Reg. Section 1.103-18. 

(b) The Qty intends that this declaration will include all 
reimbursement of expenditures for capital projects or programs 
approved in the capital budget contained in this Ordinance of Estimates 
to the extent that the City has appropriated in this Ordinance of 
Estimates to pay the cost thereof from one or more borrowings to be 
incurred by the Qty (or any entity controlled by the Qty within the 
meaning of Treas. Reg. Section 1.150-1). The term 'borrowings" (as 
such term is used in Treas. Reg. Section 1.103-18(c)(2)(i) and this 
Section) includes general obligation bonds and notes, revenue bonds 
and notes, leases, conditional purchase agreements and other 
obligations of the Qty (or any entity controlled by the Qty within the 
meaning of Treas. Reg. Section 1.150-1). 

(c) The maximum anticipated debt expected to be incurred by the 
Qty to reimburse the cost of each capital project or program approved 



195 



Ord. No. 226 



in the capital budget contained in this Ordinance of Estimates is the 
applicable appropriation listed in this Ordinance of Estimates, which 
appropriation is from the proceeds of one or more borrowings, as such 
appropriations may be increased or decreased. 



SEC. 5. AND BE IT FURTHER ORDAINED, That no part of the 
amoimts appropriated in this Ordinance of Estimates shall be made 
available to pay for costs of any capital project not specifically approved 
through this Ordinance of Estimates or without the prior consent of the 
Qty Coimcil; and provided farther that no part of the amoimts 
appropriated in this Ordinance of Estimates shall be made available to 
any agency without the prior approval of the Qty Council to pay for 
occupancy, by lease or otherwise, of any facility whose costs exceed the 
amoimts provided in the detail supporting this Ordinance of Estimates. 

SEC. 6. The foregoing appropriations in summary consist of: 

Fund Operating Capital Total 

General $ 795,431,000 $ 7,704,000 $ 803,135,000 

Education 501,638,000 501,638,000 

Motor Vehicle 126,248,266 24,000,000 150,248,266 

Federal Grants 251,862,973 36,686,000 288,548,973 

State Grants 69,098,553 8,378,000 77,476,553 

Water Utility 60,408,295 4,175,000 64,583,295 

Waste Water Utility 91,377,925 250,000 91,627,925 

Loan & Guarantee Enterprise 3,669,879 3,669,879 

Parking Enterprise 12,754,495 12,754,495 

Special 12,915,577 124,203,000* 137,118,577 

Parking Management 7,575,743 7,575,743 

aty Loan 26.700.000 26.700,000 

$1,932,980,706 $232,096,000 $2,165,076,706 

♦Consisting Of: 

County Grants $14,458,000 

Revenue Bonds & Notes $77,048,000 

M&CC Real Property Account $ 8,919,000 

Builders & Property Owners $ 2,000,000 

other Fund Sources $21,778,000 

Approved by the Board of Estimates 

President 



Mayor 



Comptroller 



Director of Public Works 
City Solicitor 

BOARD OF ESTIMATES 



196 



Ord. No. 227 



Approved June 28. 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 227 

(CouncU Bill No. 510) 

AN ORDINANCE concerning 

SMOKING IN CITY BUILDINGS 

FOR the purpose of prohibiting smoking in any part of a Qty building. 

BY repealing and reordaining with amendments 
Article 11 - Health 
Subtide - Smoking in Gty Buildings 
Sections 273, 274, 275, 277, 279 
Baltimore Qty Code (1983 Replacement Volume, as amended) 

BY repealing 

Article 11 - Health 

Subtitle - Smoking in Qty Buildings 

Sections 276, 278 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 11 - HEALTH 

Smoking in Qty Buildings 

273. Definitions. 

In this subtide the following terms have the meanings indicated. 

(a) "Commissioner" means the Commissioner of Health of 
Baltimore Qty or the Commissioner's designee. 



197 



Ord. No. 227 



(b) "City building" means a building, or any part of a building, 
owned or leased by the Qty or occupied by a Qty agency. 

(O "CITY MARKETS" MEANS LEXINGTON MARKET. BELAIR 
MARKET. BROADWAY MARKET. CROSS STREET MARKET. HOLLINS 
MARKET. LAFAYETTE MARKET. NORTHEAST MARKET. AND ANY 
FUTURE SIMILAR MARKETS. 

(D) "OCCUPY' MEANS TO HAVE CONTROL OVER A PHYSICAL 
SPACE BY REASON OF A WRITTEN OR VERBAL LEASE. 

[(c) "Designated smoking area" means the part of a Qty building 
where smoking is permitted by designation of the Commissioner or the 
Commissioner's designee.] 

[(d)]ICl "Smoking" means the act of smoking or carrying a burning 
cigar, cigarette, pipe, or tobacco product of any kind. 

[(e) "Social function" means a specific social or recreational event 
for which an entire room or hall is reserved.] 

274. Exemptions. 

EXCEPT FOR CITY MARKETS. THE [The] provisions of this subtitle 
do not apply to any part of a city building occupied by a private 
business or private individual f.]. PROVIDED THERE IS A VENTILATION 
SYSTEM OR PHYSICAL BARRIER THAT PREVENTS AIR FROM THE 
AREAS IN WHICH SMOKING IS PERMITTED FROM PASSING INTO 
NONSMOKING AREAS. 

275. Smoking in Qty buildings prohibited. 

Except as provided in Section[s] 274 [and 276] of this subtitle, 
commencing April 1, 1989 JULY 1. 1993 . smoking in Qty 
buildings .INCLUDING CITY MARKETS, is prohibited. ALL VEHICLES 
OWNED OR LEASED BY THE CITY GOVERNMENT ARE HEREBY 
DESIGNATED NONSMOKING WHEN OCCUPIED BY MORE THAN ONE 
INDIVIDUAL. 

[276. Exceptions. 

Smoking in a City building is permitted: 

(a) In designated smoking areas; and 



198 



Ord. No. 227 



(b) At social functions.] 

277. Advisory No Smoking Committee. 

There is an Advisory No Smoking Committee whose members shall 
be named by the Commissioner. Representatives of certified Qty 
employee groups shall be included among the committee members. The 
committee shall assist the Commissioner in developing guidelines [for 
the designation of smoking areas in Qty buildings and] for the 
enforcement of this subtitle. The committee shall periodically review 
Qty agency implementation of the provisions of this subtitle. 

[278. Designated smoking areas. 

(a) Each Qty building shall have at least one designated smoking 
area other than a rest room. The Commissioner, or the Commissioner's 
designee, shall adopt procedures for establishing designated smoking 
areas in Qty buildings. 

(b) Designated smoking areas may not be established in: 

(1) conference rooms; 

(2) meeting rooms; 

(3) offices; or 

(4) areas where smoking is prohibited by the State Fire 
Marshal. 

(c) Designated smoking areas may be established in rest rooms. 
However, in each Qty building smoking shall be prohibited in a 
majority of rest rooms for males and a majority of rest rooms for 
females.] 

279. Posting of signs. 

[(a)] Each agency at the direction of the Commissioner, or the 
Commissioner's designee, shall post a sign displaying the words, 
"Smoking prohibited by law[, except in designated smoking areas]", or 
similar words, at each Qty building entrance. 

[(b) Each agency at the direction of the Commissioner, or the 
Commissioner's designee, shall post a sign displaying the words 



199 



Ord. No. 228 



"Smoking permitted", or similar words, at each designated smoking area 
in a Qty building.] 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on July 1, 1993. 

Approved June 30, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 228 

c 

jS (CouncU Bill No. 573) 

r.. 

Z^' AN ORDINANCE concerning 

PI SUPPLEMENTARY LOAN FUND CAPITAL APPROPIUATION - 

^ DEPARTMENT OF PUBLIC WORKS - $11,000,000 

fi FOR the purpose of providing a supplementary Loan Fund Capital 
p appropriation in the amount of $11,000,000 to the Department of 

^\ Public Works (Account No. 9948-517-030 ) to be used for the 

1> construction of Cell 6 - Quarantine Road Landfill. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents proceeds 
from a financing through the Industrial Development Authority in excess 
of the amount firom this source estimated and relied upon by the Board 
of Estimates in determining the tax levy required to balance the budget 
for the 1993 fiscal year, and said money is therefore available for 
appropriation to the Department of Public Works pursuant to the 
provisions of Article VI, Section 2(h) (3) of the Baltimore Qty Charter 
(1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is firom sources 
which could not be expected with reasonable certainty at the time of the 
formulation of the current Ordinance of Estimates in accordance with 
Article VI, Section 2(h) (3) of said Charter; and 

200 



Ord. No. 229 



WHEREAS, This supplementary Loan Fund Capital appropriation 
has been recommended to the Qty Council by the Board of Estimates at 
a regular meeting of the Board held on the 19th day of May, 1993, all 
in accordance with Article VI, Section 2(h) (3) of the Baltimore Qty 
Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(h)(3) of the 1964 revision of the Charter of Baltimore Qty, 
the sum of $11,000,000 shall be made available to the Department of 
Public Works as a supplementary Loan Fund Capital appropriation for 
the fiscal year ending June 30, 1993 to provide for the construction of 
Cell 6 - (Quarantine Road Landfill. The amount thus made available as a 
supplementary Loan Fund Capital appropriation shall be provided from 
proceeds from a financing through the Industrial Development Authority 
in excess of the amount from this source which was estimated or relied 
upon by the Board of Estimates in determining the tax levy required to 
balance the budget for the 1993 fiscal year; and said funds from said 
proceeds from a financing through the Industrial Development Authority 
shall be the source of revenue for this supplementary Loan Fund Capital 
appropriation, as required by Article VI, Section 2(h) (3) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 30, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 229 



(Council Bill No. 582) 
AN ORDINANCE concerning 

SUPPLEMENTARY CAPITAL APPROPRL^iTION - 
DEPARTMENT OF PUBLIC WORKS - $900,000 

FOR the purpose of providing a supplementary Capital appropriation in 
the amount of $900,000 to the Department of Public Works (9965- 
580-569 - Off-Street Parking) to meet Trust Indenture 
requirements of parking facilities financing. 



201 



Ord. No. 229 



BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore Qty Qiarter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents proceeds 
from Certificates of Participation refunding in excess of the amount 
from this source estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 1993 
fiscal year, and said money is therefore available for appropriation to 
the Department of Public Works (9965-580-569 - Off-Street Parking) 
pursuant to the provisions of Article VI, Section 2(h)(3) of the Baltimore 
Qty Charter (1964 Revision, as amended); and 

£ WHEREAS, The additional sum here appropriated is firom sources 

C which could not be expected with reasonable certainty at the time of the 

w^: formulation of the current Ordinance of Estimates in accordance with 

'^ Article VI, Section 2(h)(3) of said Charter; and 

I; 

ij WHEREAS, This supplementary Capital appropriation has been 

|. recommended to the Qty Coimcil by the Board of Estimates at a regular 

S' meeting of the Board held on the 26th day of May, 1993, all in 

^' accordance with Article VI, Section 2(h)(3) of the Baltimore Qty 

^' Charter (1964 Re\dsion, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of Article VI, 
Section 2(h)(3) of the 1964 revision of the Charter of Baltimore Qty, 
the sum of $900,000 shall be made available to the Department of 
Public Works (9965-580-569 - Off-Street Parking) for the fiscal year 
ending June 30, 1993 to provide funding to meet the Trust Indenture 
requirements of parking facilities financing. The amount thus made 
available as a supplementary Capital appropriation shall be expended 
from proceeds of Certificates of Participation refunding in excess of the 
amount firom this source which was estimated or relied upon by the 
Board of Estimates in determining the tax levy required to balance the 
budget for the 1993 fiscal year; and said funds firom said proceeds of 
Certificates of Participation refunding shall be the source of revenue for 
this supplementary Capital appropriation, as required by Article VI, 
Section 2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



202 



Ord. No. 230 



Approved June 30, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 230 
(Council Bill No. 256) 
AN ORDINANCE concerning 

CITY PROPERTY SALE - 316 S. CAROLINE STREET 



I 



FOR the purpose of authorizing the Mayor and City Council of of ■ ? 

Baltimore to sell at either public or private sale all of the interest 
of the Mayor and Qty Council of Baltimore in and to a certain 
parcel of land and improvements located at 316 S. Caroline Street, 
Baltimore, Maryland, said parcel of land and improvements being - 

no longer needed for public use. , • ' 

:? 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Comptroller of Baltimore Qty be 
and she is hereby authorized to sell, at either public or private sale in 
accordance with Article V, Section 5(b) of the Qty Charter (1964 
Revision, as amended), all of the interest of the Mayor and Qty Council 
of Baltimore in and to a certain parcel of land and improvements situate 
in Baltimore, Maryland, and described as follows: 

316 S. Caroline Street (Ward 34, Section 2, Block 1367, 
Lot 2) a 3,663+ square foot parcel of land 
improved with a two story former firehouse 

Said property being no longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been first 
approved by the Qty Solicitor. 



203 



Ord. No. 231 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 2, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 231 
(Council Bill No. 410) 
AN ORDINANCE concerning 
^: EMERGENCY TOWING 

r;:; 

w]' FOR the purpose of permitting certain owners or operators of vehicles 

to contact a towing company in emergency towing situations under 
551 certain circumstances. 

P BY adding 

E Article 19 - Police Ordinances 

■tf 

3?" Subtitle - Towing Vehicles 

S;: Section 202A 

(/;: Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 19 - POUCE ORDINANCES 

Towing Vehicles 

202A. 

WHEN A VEHICLE IS REQUIRED TO BE TOWED FROM A CITY 
STREET AS A RESULT OF ACCIDENT, DISABILITY, OR SIMILAR 
VEHICULAR EMERGENCY, BEFORE CALLING A TOWING COMPANY 
AUTHORIZED BY THE POUCE COMMISSIONER TO TOW VEHICLES IN 
EMERGENCIES, THE POUCE OFFICER ON THE SCENE SHALL PERMIT 
THE OWNER OR OPERATOR, IF AVAILABLE, TO CONTACT A 
LICENSED OR AUTHORIZED TOWING COMPANY TO REMOVE THE 



204 



Ord. No. 232 

VEHICLE. THE TOWING COMPANY CONTACTED BY THE OWNER OR 
OPERATOR SHALL REN4QVE THE \^EHICLE IN RESPOND WITHIN 20 
MINUTES OR A REASONABLE PERIOD OF TIME, AS DETERMINED BY 
THE POUCE OFFICER, UNDER THE CIRCUMSTANCES OCCURRING AT 
THE SCENE. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 2, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 232 

(Council Bill No. 499) 

AN ORDINANCE concerning 

URBAN RENEWAL - SANDTOWN-WINCHESTER - 
AMENDMENT NO. 3 

FOR the purpose of amending the Urban Renewal Plan for Sandtown- 
Wmchester Urban Renewal Area to, among other things, (1) 
prohibit automobile laundries in Industrial Districts; (2) revise 
appropriate Exhibits attached to the Plan to reflect the changes 
proposed herein; (3) waive such requirements, if any, as to the 
content or procedure for the preparation, adoption and approval of 
renewal plans as set forth in Article 13 of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) which the Renewal Plan 
for Sandtovm-Wmchester may not meet; (4) provide for the 
severability of the various parts and applications of this ordinance; 
(5) provide that where the provisions of this ordinance conflict 
with any other ordinance, code or regulation in force in the Qty of 
Baltimore, the provision which establishes the higher standard shall 
prevail; and (6) provide for an effective date hereof. 

WHEREAS, An Urban Renewal Plan for Sandtown-Wmchester was 
first approved by the Mayor and Qty Council of Baltimore by Ordinance 
No. 701, dated April 17, 1978 and last amended by Ordinance No. 588, 
dated June 27, 1990; and 



205 



Ord. No. 232 



WHEREAS, Pursuant to Article 13 of the Baltimore Qty Code 
(1983 Replacement Volume, as amended), no substantial change or 
changes shall be made in any renewal plan, after approval by ordinance, 
without such changes or changes first being adopted and approved in 
the same manner as set forth in said Article 13 for the approval of 
renewal plans, namely approval and adoption by ordinance of the 
Mayor and Qty Coimcil of Baltimore after a public hearing in relation 
thereto, all in the manner set forth in said Article 13; and 

WHEREAS, In accordance with the provisions of Section 25(h) of 
said Article 13, when a Coimcil Member initiates an amendment to an 
existing renewal plan, such bill shall be sent the Department of Housing 
and Community Development and to the Planning Commission for 
recommendation and report; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIl OF BALTIMORE, That the following amendments and changes 
to the Renewal Plan for Sandtown-WTmchester, having been duly 
reviewed and considered, are hereby approved and the Gerk of the Qty 
Council is hereby directed to file a copy of said amended Renewal Plan, 
revised to include Amendment No. 3, dated March 8, 1993, with the 
Department of Legislative Reference as a permanent public record and 
to make the same available for public inspection and information: 

1. On page 2, in section B.l.f, amend paragraph f as follows: 

f. Industrial 

In the area designated as Industrial on the Land Use 
Plan Map, the uses permitted shall be those permitted 
imder the M-2 category of the Zoning Ordinance of 
Baltimore Cit y, except for automobile laundries . 

SEC. 2. AND BE IT FURTHER ORDAINED, That in whatever 
respect, if any, the Renewal Plan approved hereby for the Sandtown- 
Winchester area may not meet the requirements as to the content of a 
renewal plan or the procedure for the preparation, adoption, and 
approval of renewal plans as provided in Article 13 of the Baltimore 
City Code (1983 Replacement Volmne, as amended), the said 
requirements are hereby waived and the amended Renewal Plan 
approved hereby is exempted therefrom. 

SEC. 3. AND BE IT FURTHER ORDAINED, That in the event it be 
judicially determined that any word, phrase, clause, sentence,paragraph. 



206 



Ord. No. 233 



section or part in or of this Ordinance or the application thereof to any 
p)erson or circumstance is invalid, the remaining provisions and the 
application of such provisions to other persons or circumstances shall 
not be affected thereby, the Mayor and City Council hereby declaring 
that they would have ordained the remaining provisions of this 
Ordinance without the word, phrase, clause, sentence, paragraph, 
section or part, or the application thereof so held invahd. 

SEC. 4. AND BE IT FURTHER ORDAINED, That in any case where 

a provision of this Ordinance concerns the same subject matter as an 

existing provision of any zoning, building, electrical, plumbing, health, 

fire or safety ordinance, code or regulation, the applicable provisions 

concerned shall be construed so as to give effect to each; provided, 

however, that if such provisions are found to be in irreconcilable , J 

conflict, the provision which establishes the higher standard for the ? 

promotion of the public health and safety shall prevail. In any case 

where a provision of this Ordinance is found to be in conflict with an . i 

existing provision of any other ordinance, code or regulation in force in J 

the Qty of Baltimore which establishes a lower standard for the 

promotion and protection of the public health and safety, the provision 

of this Ordinance shall prevail, and the other existing provision of such 

other Ordinance, code or regulation is hereby repealed to the extent 

that it may be foimd in conflict with this Ordinance. 

} 

SEC. 5. AND BE IT FURTHER ORDAINED, That this Ordinance '' 

shall take effect on the date of its enactment. ; 

Approved July 2, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 233 

(Council BUI No. 513) 

AN ORDINANCE concerning 

REZONING - 509-521 S. EXETER STREET 

FOR the purpose of changing the zoning for the properties known as 
509-521 S. Exeter Street from the M-2-2 Zoning District to the R-8 
R-9 Zoning District. 

207 



Ord. No. 234 



BY amending Zoning District Maps 
Sheet No. 56 
Article 30 - Zoning 
Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Sheet No. 56 of the Zoning District 
Maps of Article 30-Zoning of the Baltimore City Code (1983 
Replacement Volmne, as amended) title "Zoning" be and it is hereby 
amended by changing from the M-2-2 Zoning District to the R-^ R-9 
Zoning District the properties known as 509-521 S. Exeter Street, as 
outlined in red on die amended plat accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the Qty Council, as evidence of the authenticity of the 
plat which is a part hereof and in order to give notice to the 
departments which are administering the Zoning Ordinance, the 
President of the Qty Coimcil shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the 
following: the Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of Housing and 
Community Development, the Supervisor of Assessments for Baltimore 
City and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 2, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 234 

(Council Bill No. 546) 

AN ORDINANCE concerning 

PROPERTY TAX CREDIT - VACANT DWELLINGS 

FOR the purpose of providing a property tax credit for certain vacant 
dwellings as authorized in H.B. 1101, Chapter 583, 1993; and 

208 



Ord. No. 234 



subjecting the enactment of this ordinance to a certain 
contingency. 

BY adding 

Article 28 - Taxes 

Subtide - Tax Credits 

Section 75B 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 28 - TAXES 

Tax Credits 

75B. PROPERTY TAX CREDIT FOR VACANT DWELLINGS. 

(A) DEFINITION. IN THIS SECTION, 'VACANT DWELLING" 
MEANS RESIDENTLU REAL PROPERTY THAT: 

(1) CONTAINS NO MORE THAN FOUR DWELLING UNITS; 
AND 

(2) (D HAS BEEN CITED AS VACANT AND ABANDONED 
ON A HOUSING OR BUILDING VIOLATION NOTICE FOR 1 YEAR; OR 

(ID HAS BEEN OWNED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE CITY FOR 1 YEAR AND IS IN NEED OF 
SUBSTANTLU REPAIR TO COMPLY WTTH APPLICABLE CITY CODES. 

(B) QUALIFIED OWNER. OWNERS OF VACANT DWELLINGS MAY 
QUALIFY FOR THE TAX CREDIT AUTHORIZED BY THIS SECTION BY: 

(1) SUBSTANTL^LLY REHABILITATING THE VACANT 
DWELLING IN COMPLIANCE WITH THE CODE AND LAWS APPLIED TO 
DWELLINGS; 

(2) OCCUPYING THE DWELLING AFTER REHABILITATION 
AS THEIR PRINCIPAL RESIDENCE; AND 



209 



Ord. No. 234 



(3) SATISFYING OTHER REQUIREMENTS AS MAY BE 
PROVIDED IN A RESOLUTION OF THE BOARD OF ESTIMATES. 

(Q TAX CREDIT GRANTED. IN ACCORDANCE WITH THE 
PROVISIONS OF SECTION 9-304 (Q OF THE TAX-PROPERTY ARTICLE 
OF THE ANNOTATED CODE OF MARYLAND, THERE IS HEREBY 
GRANTED A TAX CREDIT AGAINST THE BALTIMORE CITY REAL 
PROPERTY TAX IMPOSED ON A VACANT DWELLING OWNED AND 
OCCUPIED AS THE PRINCIPLE RESIDENCE BY A QUALIFYING OWNER. 

(D) TAX CREDIT. A PROPERTY TAX CREDIT GRANTED UNDER 
THIS SECTION MAY NOT EXCEED THE AMOUNT OF CITY PROPERTY 
TAX IMPOSED ON THE INCREASED VALUE OF THE RESIDENTL\L 
REAL PROPERTY THAT IS DUE TO THE IMPROVEMENTS MADE TO 
THE PROPERTY IMMEDIATELY BEFORE THE OCCUPANCY PERMIT 
WAS ISSUED, MULTIPLIED BY: 

(1) 100% FOR THE FIRST TAXABLE YEAR IN WHICH THE 
PROPERTY QUALIFIES FOR THE TAX CREDIT; 

(2) 80% FOR THE SECOND TAXABLE YEAR IN WHICH THE 
PROPERTY QUALIFIES FOR THE TAX CREDIT; 

(3) 60% FOR THE THIRD TAXABLE YEAR IN WHICH THE 
PROPERTY QUALIFIES FOR THE TAX CREDIT; 

(4) 40% FOR THE FOURTH TAXABLE YEAR IN WHICH THE 
PROPERTY QUALIFIES FOR THE TAX CREDIT; 

(5) 20% FOR THE FIFTH TAXABLE YEAR IN WHICH THE 
PROPERTY QUALIFIES FOR THE TAX CREDIT; AND 

(6) 0% FOR EACH TAXABLE YEAR THEREAFTER. 

(E) APPLICATION. 

(1) THE OWNER SHALL FILE AN APPLICATION FOR THIS 
TAX CREDIT WITH THE DIRECTOR OF FINANCE ANNUALLY ON OR 
BEFORE SEPTEMBER 1 OF THE TAXABLE YEAR FOR WHICH THE 
CREDIT IS SOUGHT. 

(2) THE APPLICATION FOR THE TAX CREDIT SHALL 
CONTAIN INFORMATION THAT THE BOARD OF ESTIMATES 



210 



Ord. No. 235 



CONSIDERS NECESSARY FOR DETERMINING THE ELIGmiUTY OF 
THE APPLICANT. 

(3) THE BOARD OF ESTIMATES MAY ADOPT RULES AND 
REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SECTION. 

(F) PENALTY. 

ANY APPLICANT WHO, FOR THE PURPOSE OF OBTAINING 
A TAX CREDIT UNDER THE PROVISIONS OF THIS SECTION, MAKES A 
FALSE STATEMENT ON THE APPLICATION SHALL BE GUILTY OF A 
MISDEMEANOR AND SHALL BE FINED NOT MORE THAN $500. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on January 1, 1994, contingent on the taking effect of 
Chapter 583 (H.B. 1101) of the Acts of the General Assembly of 1993, 
and if Chapter 583 does not become effective, this ordinance shall be 
null and void without the necessity of further action by the Qty Council. 

AppnDved July 2, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 235 

(Council Bill No. 569) 

AN ORDINANCE concerning 

SPECL^L TRAFFIC ENFORCEMENT OFFICERS 

FOR the purpose of authorizing the Police Commissioner to appoint 
Special Traffic Enforcement Officers; providing for the traffic 
control duties of Special Traffic Enforcement Officers within the 
boundaries of the "Downtown Commercial District"; providing for 
revocation of appointment; providing that Special Traffic 
Enforcement Officers shall not make arrests; and generally relating 
to the establishment of a program for Special Traffic Enforcement 
Officers. 



211 



Ord. No. 235 



BY authority 

The Public Local Laws of Baltimore City (1979 Edition, as 

amended) 
Subtitle 16 - Police Department 
Section 16-16C 

Article 4 - Public Local Laws of Maryland 
Chapter 345 of the Acts of the General Assembly of 1993 

BY adding 

Article 19 - Police Ordinances 

Section 240 to be under the new subtide "Special Traffic 

Enforcement Officers" 
Baltimore Qty Code (1983 Replacement Volimie, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
^, amended, to read as follows: 

^: ARTICLE 19 - POUCE ORDINANCES 

i?: SPECL\L TRAFFIC ENFORCEMENT OFFICERS 

%:' 
j^ 



240. APPOINTMENT; DUTIES. 

(A) THE DIRECTOR OF PUBLIC WORKS SHALL FROM TIME TO 
TIME CERTIFY TO THE POUCE COMMISSIONER OF BALTIMORE CITY 
THE NAMES OF EMPLOYEES FOR APPOINTMENT BY THE POUCE 
COMMISSIONER AS SPECL\L TRAFFIC ENFORCEMENT OFFICERS. 

(B) UPON APPOINTMENT, THE SPECLU TRAFFIC 
ENFORCEMENT OFFICERS SHALL, WITHIN THE BOUNDARIES OF THE 
"DOWNTOWN COMMERCIAL DISTRICT' AUTHORIZED BY CHAPTER 
604 OF THE ACTS OF THE GENERAL ASSEMBLY OF 1992 AND 
ARTICLE II SECTION 61 OF THE CHARTER OF BALTIMORE CITY 
(1964 REVISION, AS AMENDED) AND DESCRIBED IN ORDINANCE 57, 
APPROVED JUNE 29, 1992, HAVE THE SAME AUTHORITY TO 
CONTROL AND DIRECT PEDESTIUAN AND VEHICULAR TRAFFIC 
UNDER THE MARYLAND VEHICLE LAW AND THE BALTIMORE CITY 
ORDINANCES REGULATING MOTOR VEHICLES AS A POUCE OFFICER. 
SPECLU TRAFFIC ENFORCEMENT OFFICERS SHALL HAVE NO POWER 
TO ISSUE CITATIONS FOR MOVING VIOLATIONS OTHER THAN FOR 
A FAILURE TO OBEY LAWFUL TRAFFIC DIRECTION AND CONTROL 
DEVICES. 

212 

I 



Ord. No. 236 



(Q SPECIAL TRAFFIC ENFORCEMENT OFFICERS SHALL HAVE 
NO POWER TO MAKE ARRESTS. 

(D) A RECORD OF THE APPOINTMENT OF SPECLU TRAFFIC 
ENFORCEMENT OFFICERS SHALL BE KEPT BY THE POUCE 
COMMISSIONER AND ANY APPOINTMENT MAY BE REVOKED BY THE 
COMMISSIONER AT ANY TIME. 

(E) THE FORM OF BADGE AND TYPE OF UNIFORM, IF ANY, 
WORN BY THE APPOINTED SPECLU TRAFFIC ENFORCEMENT 
OFFICERS SHALL BE APPROVED BY THE POUCE COMMISSIONER. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 



Approved July 2, 1993 J 



1 
KURT L. SCHMOKE, Mayor J 



CITY OF BALTIMORE 
ORDINANCE NO. 236 



(Council Bill No. 583) > 

AN ORDINANCE concerning j 

MOTOR VEHICLE FUND OPERATING APPROPRL\TION TRANSFER - 

DEPARTMENT OF PUBLIC WORKS 

TO COMMISSION ON AGING -$80,000 

FOR the purpose of transferring a Motor Vehicle Fund Operating 

appropriation in the amount of $80,000 from the Department of 
FHiblic Works (Program 515) to the Commission on Aging 
(Program 324). 

BY authority of 

Article VI - Board of Estimates 

Section 2(i) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, Article VI, Section 2(i) of the Baltimore Qty Charter 
(1964 Revision, as amended) provides, that upon recommendation of 
the Board of Estimates, the Qty Council by ordinance may authorize the 

213 



Ord. No. 237 



transfer of an appropriation contained in the Ordinance of Estimates 
from one municipal agency to another municipal agency; and 

WHEREAS, The sum of $80,000 was previously appropriated to 
Motor Vehicle Fund Operating funds in the Department of Public Works 
and said $80,000 is now needed for use by the Commission on Aging; 
and 

WHEREAS, The Motor Vehicle Fimd Operating appropriation 
transfer ordained herein has been recommended to the Qty Coimcil by 
the Board of Estimates, said reconmiendation having been made at a 
meeting of said Board held on the 26th day of May, 1993, all in 
accordance with Article VI, Section 2(i) of the Baltimore Qty Charter 
c; (1964 Revision, as amended). 

a 

r, 

C SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 

j5^, COUNCIL OF BALTIMORE, That under tiie provisions of Article VI, 

^, Section 2(i) of the 1964 revision of the Charter of Baltimore Qty, the 

y simi of $80,000 contained in the 1993 Ordinance of Estimates as a 

3fc Motor Vehicle Fund Operating appropriation for the Department of 

ri Public Works Program (516) shall be transferred to the Commission on 

ifi;, Aging (Program 324) The amount thus made available to the 

p-' Commission on Aging will cover expenses for the Taxi Voucher 

£ Program. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 2, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 237 

(Council BUI No. 543) 

AN ORDINANCE concerning 

MAYOR'S COMMISSION ON DISABILITIES 

FOR the purpose of establishing the Mayor's Conmiission on Disabilities; 
providing for membership and organization of the Commission; 

214 



Ord. No. 237 



providing for duties; providing for certain reports; providing for a 
director and staff; and generally relating to the establishment of 
the Mayor's Commission on Disabilities. 

BY adding 

Article 1 - Mayor, Qty Council and Municipal Agencies 

Section 240 - 246, inclusive, to be under the new subtitie "Mayor's 

Commission on Disabilities" 
Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 1 - MAYOR, CITY COUNCIL, AND MUNICIPAL AGENCIES 

MAYOR'S COMMISSION ON DISABILITIES 

240. PURPOSE. 

(A) IT IS THE PURPOSE OF THIS SUBTITLE COMMISSION TO: 

(1) ADVISE THE CITY ON THE ACCESSIBILITY OF CITY 
FAQLITIES .PROGRAMS, AND SERVICES FOR CITIZENS WITH 
DISABILITIES; 

(2) ASSIST THE CITY TO COMPLY WITH THE AMERICANS 
WITH DISABILITIES ACT OF 1990; AND 

(3) PROVIDE I>JFQRM.^TIQN A^ID EDUCATIO^J PROGPu<\MS 
AND ASSISTx^JCE TO GOVERNME>JT, BUSINESSES, AND P>JDUSTRIES 
ABOUT FEASIBLE ACCOMMODATIONS FOR EMPLQYME^^^ AND 
OTHER ISSUES CONCER^JI^JG PERSONS WITH DISi^BILITIES. ASSIST 
THE CITY IN PROVIDING INFORMATION AND EDUCATION 
PROGRAMS TO CITY GOVERNMENT, BUSINESSES AND INDUSTRIES 
WITH REGARD TO REASONABLE ACCOMMODATIONS FOR 
EMPLOYMENT AND OTHER ISSUES CONCERNING PERSONS WITH 
DISABILITIES. 

241. DEFINITIONS. 

(A) AS USED IN THIS SUBTITLE THE FOLLOWING TERMS HAVE 
THE MEANINGS INDICATED UNLESS THEIR CONTEXT CLEARLY 



215 



Ord. No. 237 



INDICATES OTHERWISE. 

(1) "PERSON" MEANS AN INDIVIDUAL, RECEIVER, 
TRUSTEE, GUARDIAN, PERSONAL REPRESENTATIVE, FIDUCL^JIY, OR 
REPRESENTATIVE OF ANY KIND AND ANY PARTNERSHIP, FIRM, 
ASSOCL\TION, CORPORATION, OR OTHER ENTITY. 

(2) "crrr means the mayor and city council of 

BALTIMORE, THE BODY CORPORATE AS ESTABUSHED BY THE 
CHARTER OF BALTIMORE CITY (1964 REVISION, AS AMENDED). 

(3) "COMMISSION" MEANS THE MAYOR'S COMMISSION ON 
DISABILITIES. 

^ (d) "DISABILITY" SHALL BE DEFHvJED AS SET FORTH IN 

f. SECTION 50^ OF THE REHAB ACT OF 1973 (39 U.S.C. 79^), AS 

p AMENDED, REGARDD>JG "HANDICAPPED PERSONS"; A PERSON IS 

^ WITHIN THE MEANP>JG OF THIS SECTION IF THE PERSON: 

? 

^; 49 HAS A MENTAL OR PHYSICAL IMPAIRMENT 

P' WHICH SUBSTA>mALLY LIMITS ONE OR 

£: MORE OF SUCH PERSOhrS MAJOR LIFE 

y. AcnvrriES; 

X 

2c ^ HAS A RECORD OF SUCH MPxMRMENT; OR 

(iii) IS REGARDED AS HAVING SUCH AN 
IMPAIRMENT. 

(5) "MAJOR LIFE ACnVITIES" SHALL D>JCLUDE FUNCTIONS 
SUCH AS CARI^JG FOR ONE'S SELF, PERFQRMI>JG MANUAL TASKS, 
WALKING, SEEING, HEARING, SPEAKING, BREATHING, LEARNING, 
AND WORKING. 

C4) ANY OTHER TERM USED IN THIS SUBTITLE SHALL BE 
DEFINED AS SUCH TERMS ARE DEFINED IN THE AMERICANS WITH 
DISABILITIES ACT OF 1990, AS AMENDED, AND THE FEDERAL 
REGULATIONS PROMULGATED PURSUANT THERETO, AS AMENDED. 

242. COMMISSION ESTABUSHED. 

THERE IS A MAYOR'S COMMISSION ON DISABILITIES. 



216 



Ord. No. 237 

243. SAME: MEMBERSHIP, PROVISIONS. 

(A) MEMBERSHIP. THE COMMISSION SHALL CONSIST OF ^ 23 
MEMBERS APPOINTED BY THE MAYOR PURSUANT TO ARTICLE IV, 
SECTION 6 OF THE BALTIMORE CITY CHARTER (1964 REVISION, AS 
AMENDED). ALL MEMBERS OF THE COMMISSION SHALL BE 
RESIDENTS OF BALTIMORE CITY. 

(1) 9 MEMBERS SHALL BE PERSONS WITH DISABILITIES 
WHO SHALL BE RESIDE>rrS OF BALTIMORE CITY NOT EMPLOYED IN 
THE FIELD OF DISABILITIES ; 

(2) 3 MEMBERS SHALL BE FAMILY MEMBERS OF PERSONS 
WITH DISABILITIES WHO ARE RESIDE^^^S OF BALTIMORE CITY ; 

(3) 9 MEMBERS SHALL BE REPRESENTATIVES OF 
BUSINESS, INDUSTRY, COMMUNITY ORGANIZATIONS, AND NON- 
PROFIT ORGANIZATIONS, AND ORGANIZATIONS REPRESENTING 
PERSONS WITH DISABILITIES NOT FEWER THAN THREE OF WHOM 
SHALL BE PERSONS WITH DISABILITIES ; 

(4) A MAYOR'S REPRESENTATIVE; 

(5) A REPRESENTATIVE OF THE CITY COUNCIL; AND 

(6) REPRESENTATIVES FROM THE FOLLOWING CITY 
AGENCIES AS MEMBERS OF THE COMMISSION WHO SHALL SERVE 
EX OFFICIO AS EX OFFICIO AND NON-VOTING MEMBERS : 

(D OCCUPATIONAL MEDICINE AND SAFETY; 

(ID COMMISSION ON AGING AND RETIREMENT 
EDUCATION; 

(IID HEALTH DEPARTMENT; 

(IV) DEPARTMENT OF RECREATION AND PARKS; 

(V) DEPARTMENT OF PLANNING; 

(VD DEPARTMENT OF HOUSING AND COMMUNITY 
DEVELOPMENT; 

(VID OFFICE OF PROMOTION AND TOURISM; 
217 



Ord. No. 237 



CVIII) CIVIL SERVICE COMMISSION; 

(DO DEPARTMENT OF PUBLIC WORKS; 

(X) LAW DEPARTMENT; 

QO) COMMUNITY RELATIONS COMMISSION; AND 

(XID DEPARTMENT OF EDUCATION. 

(B) CITY COUNCIL DISTRICTS. OF THE MEMBERS APPOINTED 
IN PARAGRAPHS (1) AND (2), AT LEAST 1 SHALL BE APPOINTED 
FROM EACH OF THE 6 COUNCDLMANIC DISTRICTS. 

O (Q TERMS. MEMBERS SHALL SERVE FOR A 4 YEAR TERM. THE 

r INmAL TERMS OF MEMBERS APPOINTED UNDER SUBSECTION (A) 

c5 (1), (2), AND (3) SHALL BE STAGGERED; 8 SHALL SERVE A TERM OF 

'^" 2 YEARS, 8 SHALL SERVE A TERM OF 3 YEARS, AND THE 

y REMAINDER SHALL SERVE A TERM OF 4 YEARS .AS DESIGNATED BY 

^ THE MAYOR . 

b (D) COMPENSATION. MEMBERS SHALL SERVE WITHOUT 

f COMPENSATION. 

^' (E) VACANCIES. (1) AT THE END OF A TERM AN APPOINTED 

MEMBER SERVES UNTIL A SUCCESSOR IS APPOINTED. 

(2) A MEMBER WHO IS APPOINTED AFTER A TERM HAS 
BEGUN SERVES OUT THE REST OF THE TERM AND UNTIL A 
SUCCESSOR IS APPOINTED AND QUAUFIES. 

(F) MEETINGS; QUORUM. THE COMMISSION SHALL MEET ON 
THE CALL OF THE MAYOR OR OL^JR AS FREQUENTLY AS REQUIRED 
TO PERFORM ITS DUTIES, BUT NOT LESS THAN 6 TIMES EACH 
YEAR. A MAJORITY OF THE MEMBERS OF THE COMMISSION SHALL 
CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS AND 
AN AFFIRMATIVE VOTE BY THE MAJORITY OF A QUORUM SHALL BE 
SUFFICIENT FOR ANY OFFICL\L ACTION. 

(G) RULES. THE COMMISSION MAY ADOPT RULES TO GOVERN 
ITS MEETINGS AND OPERATIONS. 

(H) FAILURE TO ATTEND MEETINGS. ANY MEMBER WHO IS 
ABSENT FROM MORE THAN 25% OF THE SCHEDULED REGULAR 



218 



Ord. No. 237 



MEETINGS, NOT COUNTING ABSENCES EXCUSED BY THE CHAIR, 
DURING ANY 6 MONTH PERIOD, SHALL BE CONSIDERED BY THE 
MAYOR TO HAVE RESIGNED AND SHALL BE SO NOTIFIED BY THE 
COMMISSION . 

(D OFFICERS. THE MAYOR SHALL DESIGNATE AN APPOINTED 
MEMBER . REPRESENTING THE MEMBERSHIP CATEGORY IN SECTION 
243 CA)C1) AS CHAIR OF THE COMMISSION. THE CHAIRPERSON 
MAY SELECT OTHER OFFICERS. 

(J) COMMITTEES. THE CHAIR OF THE COMMISSION MAY 
APPOINT COMMITTEES TO CARRY OUT THE FUNCTIONS AND 
DUTIES OF THE COMMISSION. 

(K) REPRESENTATIVES OF STATE AGENCIES AND OTHER 
ORGANIZATIONS THAT SERVE THE INTERESTS OF THE DISABLED IN 
BALTIMORE CITY SHALL MAY BE INVITED BY THE COMMISSION TO 
PARTICIPATE IN COMMISSION MEETINGS. 

244. DUTIES. 

(A) THE COMMISSION SHALL: 



(1) ASSIST IN THE DEVELOPMENT OF A TRANSITION \ 
PLAN FOR THE CITY OF BALTIMORE TO ADDRESS 5 
COMMUNITY ACCESS TO FACILITIES, OPEN SPACES, y 
AND COMMUNICATIONS, AND ADVISE THE MAYOR 

ON THE IMPLEMENTATION OF THE PLAN BY 
JANUARY 26, 1995; 

(2) ASSIST IN THE IDENTIFICATION AND EVALUATION OF 
ALL CITY PROGRAMS AND SERVICES THAT IMPACT 
THE MAJOR LIFE ACnVITIES OF PERSONS WITH 
DISABILITIES; 

(3) RECOMMEND MODIFICATION OF SERVICES OR NEW 
SERVICES FOR PERSONS WITH DISABILITIES; 

(4) RESEARCH, ASSEMBLE, ANALYZE AND DISSEMINATE 
PERTINENT DATA AND EDUCATIONAL MATEIUALS 
RELATING TO ACnVITIES AND PROGRAMS WHICH 
WILL ASSIST IN MEETING THE MEEDS OF PERSONS 
WITH DISABILITIES; 



219 



r; 



Ord. No. 237 



(5) WORK TO ELIMINATE DISCRIMINATION OF PERSONS 
WITH DISABILITIES; 

(6) IN CONSULTATION WITH THE OFFICE OF 
OCCUPATIONAL MEDICINE AND SAFETY AND THE 
COMMUNITY RELATIONS BOARD, INSTITUTE AND 
CONDUCT EDUCATIONAL PROGRAMS, MEETINGS 
AND CONFERENCES DESIGNED TO PROMOTE EQUAL 
RIGHTS AND OPPORTUNITIES FOR PERSONS WITH 
DISABILITIES; 

(7) COOPERATE WITH INTERESTED CITIZENS, GENERAL 
COMMUNITY, BUSINESS, PROFESSIONAL, TECHNICAL, 
EDUCATIONAL AND CIVIC ORGANIZATIONS IN 

O FURTHERING THE INTERESTS OF PERSONS WITH 

r DISABILITIES; 

H 

'"^ (8) WORK JOINTLY WITH OTHER JURISDICTIONS ON 

t CONDUCTING SIMILAR ACnVITIES; 

X 

% 

^ (9) WORK TO REMOVE INEQUALITIES DUE TO UNMET 

^ NEEDS OR DISCRIMINATION ON THE BASIS OF 

f DISABILITY IN THE AREAS OF HOUSING, 

5^ RECREATION, EMPLOYMENT, EDUCATION, 

^. COMMUNITY SERVICES AND RELATED MATTERS; 

(10) COOPERATE AND COLLABORATE WITH ALL 
MUNICIPAL AGENCIES, INCLUDING THE OFFICE OF 
OCCUPATIONAL MEDICINE AND SAFETY AND THE 
COMMUNITY RELATIONS COMMISSION, TO AVOID 
DUPUCATION OF EFFORTS; 

(11) PROVIDE INFORMATION TO THE RESIDENTS OF THE 
CITY, THE MAYOR'S OFFICE, THE CITY COUNCIL AND 
VARIOUS OFFICES OF THE CITY, STATE AND FEDERAL 
GOVERNMENT ON MATTERS INVOLVING THE NEEDS 
OF PERSONS WITH DISABILITIES; 

(12) RECOMMEND PROGRAMS OR LEGISLATION AS 
NECESSARY TO PROMOTE AND INSURE EQUAL 
RIGHTS AND OPPORTUNITIES FOR ALL PERSONS 
WITH DISABILITIES; 



220 



Ord. No. 237 



(13) WORK TO ASSURE THAT INFORMATION AND 
REFERRAL NEEDS ARE MET AND THAT INFORMATION 
ABOUT CITY PROGRAMS IS DISSEMINATED; 

(14) HOLD A PUBLIC FORUM AT LEAST YEARLY TO GIVE 
PERSONS WITH DISABILITIES AN OPPORTUNITY TO 
VOICE THEIR CONCERNS; 

(15) WORK TO ASSURE THE DEVELOPMENT OF AN 
EFFECTIVE DELIVERY SYSTEM OF PUBLIC, PRIVATE 
AND CONSUMER RESOURCES TO ALL PERSONS WITH 
DISABILITIES; 

(16) ASSIST THE CE>JTRAL OFFICE FOR THE DIRECTOR OF 
THE COMMISSION WITH REGARD TO INQUIRES, 
COMPLAINTS AND OTHER PROBLEMS WITH CITY 
SERVICES FOR PERSONS WTFH DISABILITIES; 

(17) ASSIST IN THE COORDINATION OF STATE AND 
FEDERAL PROGRAMS AND SERVICES AVAILABLE TO 
THE CITY, BUSINESS, AND INDUSTRY; AND 

(18) PROVIDE OTHER ADVICE AS REQUESTED BY THE 
MAYOR, CITY COUNCIL, AND MUNICIPAL AGENCIES. 

245. DIRECTOR; STAFF. 

(A) IN CONSULTATION WITH THE COMMISSION, THE MAYOR 
SHALL APPOINT A DIRECTOR OF THE COMMISSION IN 
ACCORDANCE WITH ARTICLE IV, SECTION 6 OF THE BALTIMORE 
CITY CHARTER (1964 REVISION, AS AMENDED). 

(B) THE DIRECTOR SHALL PERFORM DUTIES AS REQUIRED BY 
THE MAYOR TO CARRY OUT THE PROVISIONS OF THIS SUBTITLE. 

(Q STAFF MAY BE EMPLOYED IN ACCORDANCE WITH THE 
ORDINANCE OF ESTIMATES. 

(D) THE OFFICE DIRECTOR MAY EXPEND FUNDS AUTHORIZED 
IN THE ORDINANCE OF ESTIMATES OR ANY SUPPLEMENTAL 
APPROPIUATIONS. 



221 



Ord. No. 238 



246. REPORTS. 

THE COMMISSION SHALL SUBMIT AN ANNUAL REPORT TO THE 
MAYOR AND CITY COUNCIL WITHIN 2 MONTHS OF THE END OF 
THE FISCAL YEAR. THE COMMISSION SHALL SUBMIT REPORTS ON 
SPECIFIC SUBJECTS AT THE REQUEST OF THE MAYOR, CITY 
COUNCIL, OR MUNICIPAL AGENCIES. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 6, 1993 

KURT L. SCHMOKE, Mayor 



r CITY OF BALTIMORE 

''' ORDINANCE NO. 238 

^ (Council Bill No. 492) 

r 

g AN ORDINANCE concerning 

^ CITY STREET - NAME ASSIGNMENT 

FOR the purpose of assigning a name to a street east of Falls Road, 
between Harvest Road and Northern Parkway. 

BY adding 

Article 27 - Street Names 

Section 20 

Baltimore Qty Code (1983 Replacement Volvune, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the name of the street east of Falls 
Road, between Harvest Road and Northern Parkway shall hereafter be 
known as Falls Road Terrace. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on th e 30th day after th e dat e of its enactm e nt 
when the Department of Public Works has secured the written consent 
to the name assignment from a majority of the abutting property 
owners. 



222 



Ord. No. 239 



Approved July 7, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 239 

(Council Bill No. 494) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

TWO DRIVE-IN RESTAURANTS WITH DRIVE-THROUGH WINDOWS - 

5920-30 REISTERSTOWN ROAD 

FOR the purpose of granting permission for the establishment, 

maintenance and operation of two drive-in restaurants with drive- 
through windows on the properties known as 5920-30 
Reisterstown Road, as outlined in red on the plats accompanying 
this ordinance. 

BY authority of 

Article 30 - Zoning 

Sections 6i3 d 6.3-ld and 11.0-6d 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of two drive-in restaurants 
with drive-through windows on the properties known as 5920-30 
Reisterstown Road, as outlined in red on the plats accompanying this 
ordinance, under the provisions of Sections 6.3 d 6.3-ld and 11.0-6d of 
Article 30 of the Baltimore Qty Code (1983 Replacement Volume, as 
amended) titled "Zoning^ 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the Qty Council, as evidence of the authenticity of the 
plat which is a pan hereof and in order to give notice to the 
departments which are administering the Zoning Ordinance, the 
President of the Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the 
following: The Board of Municipal and Zoning Appeals, the Planning 



223 



Ord. No. 240 



Conunission, the Commissioner of the Department of Housing and 
Community Development, the Supervisor of Assessments for Baltimore 
Qty and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 7, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
^ ORDINANCE NO. 240 

6 

P (CouncU Bill No. 514) 

'^' AN ORDINANCE concerning 

I 

^ ZONING CODE - NURSING HOMES 

r 

£ FOR the purpose of adding convalescent, nursing, and rest homes to the 

P Usts of conditional uses requiring an ordinance in the B-2, B-3, and 

£ B-5 Districts and deleting them from the lists of permitted uses in 

2c the B-3 and B-5 Districts. 

BY adding 

Article 30 - Zoning 

Chapter 6 - Business Districts 

Section 6.2-ld-13, 6-3-ld-16, 6.5-ld-ll 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

BY repealing 

Article 30 - Zoning 

Chapter 6 - Business Districts 

Section 6.3-lb-19 

Baltimore Qty Code (1983 Replacement Volimie, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 



224 



Old. No. 240 

ARTICLE 30 - ZONING 
Qiapter 6 - Business Districts 

6.2 B-2 Community Business District 

1. Use Regulations 

d. Notwithstanding other provisions of this ordinance, the 
following uses as conditional uses shall require authorization by 
ordinance of the Mayor and Qty Council subject to the requirements 
and provisions of Section 11.0-6d: 

13. CONVALESCENT, NURSING, AND REST HOMES 

6.3 B-3 Community Commercial District 

1. Use Regulations 

b. Permitted Uses. 

[19. Convalescent, nursing, and rest homes] 

d. Notwithstanding other provisions of this ordinance, the 
following uses as conditional uses shall require authorization by 
ordinance of the Mayor and Qty Council subject to the requirements 
and provisions of Section 11.0-6d: 

16. CONVALESCENT, NURSING, AND REST HOMES 

6.5 B-5 Central Commercial District 

1. Use Regulations 

d. Notwithstanding other provisions of this ordinance, the 
following uses as conditional uses shall require authorization by 
ordinance of the Mayor and Qty Council subject to the requirements 
and provisions of Section 11.0-6d: 

11. CONVALESCENT, NURSING, AND REST HOMES 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 7, 1993 

KURT L. SCHMOKE, Mayor 



225 



Ord. No. 241 

CITY OF BALTIMORE 

ORDINANCE NO. 241 

(CouncU Bill No. 527) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE HOUSING 
FOR THE ELDERLY - 1508 HARFORD AVENUE 

FOR the piupose of granting permission for the establishment, 

maintenance and operation of 27 imits of housing for the elderly 
P on the property known as 1508 Harford Avenue, as outlined in red 

^ on the plats accompanying this ordinance, 

r 

^ BY authority of 

Article 30 - Zoning 
y Sections 6.1-ld-3 and 11.0-6d 

^ Baltimore Qty Code (1983 Replacement Volume, as amended) 

q SECTION. 1. BE IT ORDAINED BY THE MAYOR AND CITY 

J* COUNCIL OF BALTIMORE, That permission is hereby granted for the 

S: establishment, maintenance and operation of 27 units of housing for the 

c/^' elderly on the property known as 1508 Harford Avenue, as outlined in 

red on the plats accompanying this ordinance, imder the provisions of 
Sections 6.1-ld-3 and 11.0-6d of Article 30 of the Baltimore City Code 
(1983 Replacement Volume, as amended) tided "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the Qty Coimcil, as evidence of the authenticity of the 
plat which is a part hereof and in order to give notice to the 
departments which are administering the Zoning Ordinance, the 
President of the Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the 
following: The Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of Housing and 
Community Development, the Supervisor of Assessments for Baltimore 
Qty and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 



226 



Ord. No. 242 



Approved July 7. 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 242 

(Council Bill No. 528) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
HOME FOR HOMELESS PERSONS - 1205-1211 N. CHESTER STREET 

FOR the purpose of granting permission for the establishment, 

maintenance and operation of a home for homeless persons for no 
more than 20 residents including supervisory staff on the 
properties known as 1205-1211 N. Chester Street, as outlined in 
red on the plats accompanying this ordinance. 

BY authority of 

Article 30 - Zoning 

Sections 4.8-ld-2 and 11.0-6d 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of a home for homeless 
persons for no more than 20 residents including supervisory staff on the 
properties known as 1205-1211 N. Chester Street, as outlined in red on 
the plats accompanying this ordinance, under the provisions of Sections 
4.8-ld-2 and 11.0-6d of Article 30 of the Baltimore Qty Code (1983 
Replacement Volume, as amended) tided "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the Qty Council, as evidence of the authenticity of the 
plat which is a part hereof and in order to give notice to the 
departments which are administering the Zoning Ordinance, the 
President of the Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the 
following: The Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of Housing and 



227 



Ord. No. 243 



Community Development, the Supervisor of Assessments for Baltimore 
Qty and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 7, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 243 

o 

^ (Council Bill No. 535) 

r 

p: A ORDINANCE concerning 

^ ISSUANCE OF HIGHWAY USER 

^ REVENUE ANTICIPATION NOTES 

r 

£ FOR the purpose of increasing the maximum aggregate principal 

p amount of revenue anticipation notes and refunding notes 

S authorized to be issued by the Mayor and Qty Council of 

U Baltimore pursuant to Ordinance No. 964 (Council Bill No. 1575) 

of the Mayor and Qty Council of Baltimore, approved and effective 
on June 22, 1983 (the "Ordinance"), from not exceeding Twenty- 
five Million Dollars ($25,000,000) to not exceeding Sixty Million 
Dollars ($60,000,000), making certain technical corrections to the 
covenants of the Mayor and Qty Council of Baltimore contained in 
the Ordinance relating to the excludability from gross income for 
purposes of federal income taxation of interest on the revenue 
anticipation notes and the refunding notes and amending the 
definition of "authorized highway related purposes" contained in 
the Ordinance. 

BY amending Sections 2 and 11, adding a new Section 18, and 

renumbering Section 18 to be Section 19, of Ordinance No. 964, 
approved on June 22, 1983. 

RECITALS 

Ordinance No. 964 (Council Bill No. 1575) (the "Ordinance") of 
the Mayor and Qty Council of Baltimore (the "City"), approved by the 

228 



Ord. No. 243 



Mayor of the Qty on June 22, 1983, authorizes the issuance from time 
to time by the Qty of its revenue anticipation notes and refunding notes 
(as further defined in the Ordinance, the "Notes") in order to fund 
certain highway, street, traffic, police and related functions which are 
eligible for payment out of highway user revenues distributed to 
Baltimore Qty by the State of Maryland. 

Because of certain events that have occurred since the passage of 
the Ordinance which affect the aggregate principal amount of Notes 
which may be required to be issued by the Qty for the public purposes 
authorized by the Ordinance, the Qty wishes to amend the Ordinance 
to increase from Twenty-five Million Dollars ($25,000,000) to Sixty 
Million Dollars ($60,000,000) the aggregate principal amount of Notes 
that may be issued under the Ordinance. 

Because of certain changes in federal and state law which have 
occurred since the date of enactment of the Ordinance, the Qty vydshes 
to make certain technical corrections to the Qt/s covenant contained in 
the Ordinance with respect to the excludabiUty from gross income for 
purposes of federal income taxation of the interest on the Notes and to 
change the definition of "authorized highway related purposes" 
contained in the Ordinance. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Sections 2 and 11 of Ordinance No. 
964, approved June 22, 1983, be and they are hereby amended to read 
as follows: 

"SEC. 2. AND BE IT FURTHER ORDAINED, That, the 
issuance, sale and delivery of an amount not exceeding that 
permitted by the Temporary Loan Law and the Refunding Bond 
Enabling Act, but not outstanding at any one time in excess of 
[twenty-five million dollars ($25,000,000)] SIXTY MILLION 
DOLLARS ($60,000,000), aggregate principal amount of revenue 
anticipation notes and refunding notes, hereby designated 
'Highway User Revenue Anticipation Notes' or 'Highway User 
Revenue Anticipation Refunding Notes' (the 'Notes') is hereby 
authorized, subject to the provisions of this Ordinance. The Notes 
may be issued in one or more series, and each such series shall be 
identified by a designation by year and by letter, so that, for 
example, the first series (if issued in 1983 and if the issuance of 
more than one series of Notes hereunder is then contemplated) 
shall be designated 'Highway User Revenue Anticipation Notes- 
1983 Series A'. The aggregate principal amount of Notes to be 



229 



Ord. No. 243 



issued pursuant to this Ordinance at any one time shall be 
determined by the Board of Finance by resolution adopted prior to 
the delivery of the Notes, however in any fiscal year, the amount 
of Notes outstanding at any one time shall not exceed the 
anticipated Highway User Revenues available to discharge the 
Notes as set forth in the Ordinance of Estimates applicable to that 
fiscal year (or any amending or supplemental ordinance thereto). 
Any Notes issued to refund prior issues or series of Notes, or parts 
thereof, shall replace that portion of the authorized amount of 
Notes previously issued and shall not be deemed to reduce the 
maximimi authorized amoimt of Notes permitted under this 
Ordinance. 

SEC. 11. AND BE IT FURTHER ORDAINED, That, the 
Mayor and the Qiief, Bureau of Treasury Management shall 
be the officers of the Qty responsible for the issuance of the 
Notes (OR RESPONSIBLE OFFICERS OF THE CITY) within 
the meaning of [Section 1.103-13(a)(2)(ii)(C) of] the 
Arbitrage Regulations (defined herein). The Mayor and the 
Chief, Bureau of Treasury Management shall also be the 
officers of the Qty responsible for the execution and delivery 
(on the date of issuance of each series of Notes) of a 
certificate of the Qty (the 'Section [103(c)] 148 Certificate') 
which complies with the requirements of Section [103(c)] 
148 of the Internal Revenue Code of [1954] 1986, as 
amended ('Section [103(c)] 148') and the applicable 
regulations thereunder (the 'Arbitrage Regulations'), and such 
officials are hereby authorized and directed to execute the 
Section [103(c)] 148 Certificate and to deliver such 
certificate to bond counsel on the date of the issuance of each 
series of Notes. 

The Qty shall set fortii in the Section [103(c)] 148 
Certificate its reasonable expectations as to relevant facts, 
estimates and circumstances relating to the use of the 
proceeds of the series of Notes, or of any monies, securities or 
other obUgations to the credit of any account of the Qty 
which may be deemed to be proceeds of the series of Notes 
pursuant to Section [103(c)] 148 or the arbitrage regulations 
(collectively, 'Note Proceeds'). The City covenants with each 
of the holders of any of the Notes that (i) the facts, estimates 
and circumstances set forth in the Section [103(c)] 148 
Certificate will be based on the Qt/s reasonable expectations 
on the date of issuance of the series of Notes and will be, to 



230 



Ord. No. 243 



the best of the certifying officials' knowledge, true and 
correct, as of that date. 

The Qty covenants with each of the holders of any of 
the Notes that it will not make, or (to the extent that it 
exercises control or direction) permit to be made, any use of 
the Note Proceeds which would cause the Notes to be 
'arbitrage bonds' within the meaning of Section [103(c)] 148 
and the Arbitrage Regulations. The Qty further covenants 
that it will comply with Section [103(c)] 148 of the Internal 
Revenue Code of [1954] 1986, as amended, and the 
regulations thereunder which are applicable to the Notes on 
the date of issuance of the Notes and which may 
subsequendy lawfully be made applicable to the Notes." 

SEC. 2. AND BE IT FURTHER ORDAINED, That new Section 18 be 
added to Ordinance 964, approved June 22, 1983, to read as follows: 

"SEC. 18. AND BE IT FURTHER ORDAINED, THAT, 
NOTWITHSTANDING ANY OTHER PROVISION OF THIS 
ORDINANCE, THE TERM 'AUTHORIZED HIGHWAY RELATED 
PURPOSES' SHALL MEAN THE FOLLOWING COSTS AND 
PURPOSES: 

(1) COSTS INCURRED IN THE 
CONSTRUCTION, RECONSTRUCTION, OR 
MAINTENANCE OF HIGHWAYS AND STREETS; 

(2) COSTS INCURRED BY THE POUCE 
DEPARTMENT FOR CARRYING OUT TRAFFIC 
FUNCTIONS AND ENFORCING THE TRAFFIC 
LAWS; 

(3) COSTS INCURRED IN OTHER HIGHWAY 
RELATED ACnVITIES FOR: 

(D LIGHTING THE HIGHWAYS; 

(ID STORM WATER DRAINAGE OF 
THE HIGHWAYS; AND 

(III) STREET CLEANING, BUT NOT INCLUDING 
THE COST OF COLLECTION OF GARBAGE, TRASH, 
AND REFUSE; 



231 



Ord. No. 243 



(4) THE PAYMENT OF DEBT SERVICE ON 
BONDS OR OTHER EVIDENCES OF OBLIGATIONS 
FOR: 

(D THE CONSTRUCTION, 
RECONSTRUCTION, OR MAINTENANCE 
OF ffS HIGHWAYS AND STREETS; AND 

(ID ANY OTHER HIGHWAY 

AcnvrriES, including lighting the 

HIGHWAYS AND PROVIDING STORM 
WATER DRAINAGE; 

(5) THE COST OF CERTAIhJ 
TRANSPORTATION FAdLITIES, AS DEFINED IN 
SECTION 3-101 OF THE TRANSPORTATION 
ARTICLE OF THE ANNOTATED CODE OF 
MARYLAND; 

(6) THROUGH FISCAL YEAR 1997, 
STUDENTS' COST OF DISCOUNTED MASS 
TRANSIT ADMINISTRATION FARES FOR ELIGIBLE 
PUBLIC SCHOOL STUDENTS IN BALTIMORE CITY; 
AND 

(7) ANY OTHER PURPOSE FOR WHICH THE 
MAYOR AND CITY COUNCIL OF BALTIMORE IS 
AUTHORIZED BY APPLICABLE LAW, AS 
AMENDED FROM TIME TO TIME, TO USE 
HIGHWAY USER REVENUES DISTRIBUTED TO 
THE MAYOR AND CITY COUNCIL BY THE STATE 
OF MARYLAND." 

SEC. 3. AND BE IT FURTHER ORDAINED, That Section 18 of 
Ordinance No. 964, of 1983, be renumbered to be Section 19. 

SEC. 4. AND BE IT FURTHER ORDAINED, That Ordinance No. 
964 approved June 22, 1983, as amended by this Ordinance, shall 
continue to remain in full force and effect. 

SEC. 5. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 



232 



Approved July 7, 1993 



Ord. No. 244 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 244 

(Council Bill No. 541) 

AN ORDINANCE concerning 

TRADEMARKS - UNAUTHORIZED SALES 

FOR the purpose of prohibiting the manufacture and sale of any article 
containing reproduction, copy, counterfeit, or colorable imitation 
of a trademark protected by law; defining certain terms; providing 
for a hearing and a penalty; and terminating this ordinance as of a 
certain date. 

BY adding 

Article 19 - Police Ordinances 

Section 240-244, inclusive, to be under the nev^ subtitle 

"Unauthorized Trademark Sales" 
Baltimore Gty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Gty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 19 - POUCE ORDINANCES 

UNAUTHORIZED TRADEMARK SALES 

240. PURPOSE. 

(A) THE COUNCIL HEREBY FINDS AND DECLARES THAT: 

(1) RESTRICTING THE UNAUTHORIZED USE OF 
TRADEMARKS IS IN THE INTEREST OF PRESERVING AND 
PROTECTING THE PUBLIC HEALTH, SAFETY, MORALS AND WELFARE 
OF THE CITIZENS OF BALTIMORE. 



233 



Ord. No. 244 



(2) INDIVIDUALS, CORPORATIONS AND VENDORS ARE 
CURRENTLY DEALING IN COUNTERFEIT MERCHANDISE AND THE 
UNAUTHORIZED USE OF TRADEMARKS. 

(3) EXISTING LEGISLATION AFFORDS INADEQUATE 
PROTECTION AGAINST TRADEMARK INFRINGEMENT. 

(4) THE COUNCIL HAS GENERAL AUTHORITY UNDER THE 
CHARTER OF BALTIMORE CITY, ARTICLE II, SECTION 27, POUCE 
POWER, TO PROTECT AGAINST TRADEMARK INFRINGEMENT AS AN 
EXERCISE OF THE POUCE POWER. 

(B) IT IS THEREFORE THE PURPOSE OF THIS AMENDMENT TO 
IMPOSE CRIMINAL PENALTIES FOR THE UNAUTHORIZED USE OF 
TRADEMARKS. 

241. DEFINITIONS. 

(A) AS USED IN THIS SUBTITLE, THE FOLLOWING WORDS HAVE 
THE MEANINGS INDICATED UNLESS THEIR CONTEXT CLEARLY 
INDICATES OTHERWISE. 

(1) "ARTICLE" INCLUDES ANY GOOD, SERVICE, 
ADVERTISING, OBJECT, PRODUCT, MATERLU, DEVICE OR 
SUBSTANCE OR A COPY THEREOF, INCLUDING A WRITING, 
RECORDING, DRAWING, SAMPLE, PHOTOGRAPH, OR PRINT. 

(2) "TRADEMARK" MEANS ANY WORD, NAME, SYMBOL OR 
DEVICE ADOPTED AND USED BY A PERSON TO IDENTIFY AN 
ARTICLE OR SERVICE MADE OR SOLD BY HIM AND TO DISTINGUISH 
THEM FROM THE ARTICLES OR SERVICES MADE OR SOLD BY 
OTHERS. 

242. UNAUTHORIZED TRADEMARK SALES. 

IT SHALL BE UNLAWFUL IN BALTIMORE CITY FOR ANY PERSON, 
INCLUDING ANY PERSON LICENSED UNDER ARTICLE 15, §100 OR 
ARTICLE 15, §101 OF THIS CODE, TO MANUFACTURE FOR A 
COMMERCL^L PURPOSE, DISTRIBUTE, SELL OR OFFER FOR 
WHOLESALE OR RETAIL SALE ANY ARTICLE CONTAINING A 
REPRODUCTION, COPY, COUNTERFEIT OR COLORABLE IMITATION 
OF A TRADEMARK PROTECTED BY FEDERAL REGISTRATION UNDER 
15 U.S.C, §1051, ET.SEO.. BY STATE REGISTRATION UNDER 
MARYLAND ANNOTATED CODE, BUSINESS REGULATION ARTICLE, 



234 



Ord. No. 244 



§1-401, ET.SEO.. OR BY COMMON LAW WITHOUT THE CONSENT OF 
THE OWNER OF SUCH MARK 

243. PENALTY. 

ANY INDIVIDUAL WHO VIOLATES THIS SECTION SHALL BE 
GUILTY OF A MISDEMEANOR AND PUNISHED BY A FINE NOT 
EXCEEDING $500 OR BY IMPRISONMENT FOR NOT MORE THAN 12 
MONTHS. OR BOTH. 

244. SEIZURE OF EVIDENCE. 

(A) ALL ARTICLES OFFERED FOR SALE IN VIOLATION OF THIS 
SECTION AND THEIR MEANS OF PRODUCTION SHALL BE SEIZED BY 
THE BALTIMORE CITY POUCE DEPARTMENT AS EVIDENCE OF THE 
VIOLATION. WHEN A CITATION UNDER THIS SECTION IS ISSUED . 

(B) UPON THE REQUEST OF THE OWNER OF ANY ARTICLE 
SEIZED UNDER THIS SECTION, THE BALTIMORE CITY POUCE 
DEPARTMENT SHALL HOLD A TIMELY HEARING TO DETERMINE IF 
THE ARTICLE SEIZED IS BEING WRONGFULLY WITHHELD. IF THE 
HEARING OFFICER DETERMINES THAT THE ARTICLE IS BEING 
WRONGFULLY WITHHELD AFTER THERE IS NO FURTHER NEED FOR 
RETENTION OF THE PROPERTY. THE ARTICLE SHALL BE RESTORED 
TO THE PERSON FROM WHOM IT WAS TAKEN. 

m LQ. UPON CONVICTION OR OTHER DETERMINATION BY A 
COURT OF COMPETENT JURISDICTION THAT THE SEIZED ARTICLES 
ARE IN VIOLATION OF THIS SECTION, THE COURT SHALL ORDER 
THE DESTRUCTION OF THE ARTICLES AND THEIR MEANS OF 
PRODUCTION OR, AFTER OBLITERATION OR REMOVAL OF THE 
OFFENDING TRADEMARK, TRANSFER OF THE ARTICLES TO AN 
ELEEMOSYNARY INSTITUTION, OR ANY APPROPRIATE PERSON 
OTHER THAN THE PERSON FROM WHOM THE ARTICLES WERE 
OBTAINED. 

SEC. 2. AND BE IT FURTHER ORDAINED. That in the event it be 
iudicially determined that any word, phrase, clause, sentence, 
paragraph, section or part in or of this ordinance, or the appUcation 
thereof to any person or circumstances is invalid, the remaining 
provisions and the application of such provisions to other persons or 
circumstances shaU not be affected thereby, the Mayor and Gty Council 
hereby declaring that they would have ordained the remaining 



235 



Ord. No. 245 



pro\'isions of this ordinance without the word, phrase, clause, sentence, 
paragraph, section or part, or the application thereof so held invalid. 

SEC. 2 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. It shall remain in effect 
until December 31, 1993 at which time, with no further action required 
by the Mayor and Qty G>uncil, this Ordinance shall be abrogated and of 
no further force and effect. 

Approved July 7, 1993 

KURT L. SCHMOKE, Mayor 



a CITY OF BALTIMORE 

O 

r ORDINANCE NO. 245 

^ (Council Bill No. 555) 

% AN ORDINANCE concerning 

S STREET ENCROACHMENT - 10 S. HOWARD STREET 

X 

> 

5 FOR the purpose of authorizing the construction and maintenance of 

ui footings, facia, structural walls, and cornices projecting into the 

public right-of-way on the Baltimore Street side of the property 

known as 10 S. Howard Street. 

BY authority 

Article 32 - Building Code 

Subtitle - Article 5 - General Building Limitations 
Section 507.1, 507.6, 507.8 
Baltimore Qty Building Code (1990 Edition, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the construction and maintenance of 
footings, facia, structural walls, and cornices projecting into the public 
right-of-way on the Baltimore Street side of the property known as 10 S. 
Howard Street are hereby authorized. 

The footings and structural walls shall project approximately 1 foot 
and the cornice on the 11th floor of the building shall project 
approximately 3 feet 7 inches into the right-of-way, both for the length 

236 



Ord. No. 246 



of the building or approximately 78 feet, 6 inches. The four columns 
with their marble facia shall project approximately 1 foot into the right- 
of-way. 

Except as specifically pro\ided in this ordinance, all ordinances 
and all rules and regulations of the Mayor and Qty Council of Baltimore 
shall be complied with in the construction and maintenance of these 
structures. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 7, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 246 



(Council Bill No. 11) J 

y 



AN ORDINANCE concerning 

ELECTED OFFICLUS - COMPENSATION COMMISSION 

FOR the purpose of creating a Commission on Compensation of Elected 
Officials; providing for its composition, powers and duties; and 
making the provisions of this ordinance severable. 

BY adding to 

Article 1 - Mayor, Gty Council, and Municipal Agencies 

Sub tide - to be under the new subtide "Compensation Commission 

for Elected Officials" 
Sections lOA, lOB 
Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 



237 



Ord. No. 246 

ARTICLE 1 - MAYOR, CITY COUNCIL, AND MUNICIPAL AGENCIES 

COMPENSATION COMMISSION FOR ELECTED OFFICL\LS 

lOA. DEFINITIONS. 

AS USED IN THE SUBTITLE, THE FOLLOWING TERMS HAVE THE 
MEANINGS INDICATED UNLESS THE CONTEXT CLEARLY REQUIRES A 
DIFFERENT MEANING. 

(A) "COMMISSION" MEANS THE COMPENSATION COMMISSION 
FOR ELECTED OFFICL^LS. 

(B) "ELECTED OFFICIAL" MEANS THE MAYOR, THE PRESIDENT 
OF THE CITY COUNCIL, CITY COUNCIL MEMBERS, AND THE 
COMPTROLLER. 

lOB. COMMISSION CREATED; COMPOSITION, POWERS, DUTIES. 

(A) THERE IS A COMPENSATION COMMISSION FOR ELECTED 
OFFICLUS. 

(B) THE PURPOSE OF THE COMMISSION IS TO PROVIDE 
INFORMATION, EVALUATION, AND RECOMMENDATIONS 
CONCERNING COMPENSATION AND PENSION BENEFITS OF ELECTED 
OFFICLflJ-S TO THE MAYOR AND CITY COUNCIL. 

(Q (1) THE COMMISSION SHALL BE COMPOSED OF 5 
MEMBERS APPOINTED BY THE MAYOR IN ACCORDANCE WITH 
ARTICLE IV, SECTION 6 OF THE BALTIMORE CITY CHARTER. 

(2) THE COMMISSION CONSISTS OF THE DIRECTOR OF 
FINANCE AND THE LABOR COMMISSIONER, EX OFFICIO AND THE 
FOLLOWING: 

(I) ONE REPRESENTATIVE FROM THE BUSINESS 
COMMUNITY; AND 

(ID TWO PRIVATE CITIZENS OF BALTIMORE CITY 
HAVING KNOWLEDGE OF GOVERNMENT AND GOVERNMENT 
FINANCING. 

(3) THE MAYOR SHALL APPOINT THE CHAIR FROM 
AMONG THE APPOINTED MEMBERS. 



238 



Ord. No. 246 

(4) TWENTY-FOUR MONTHS AFTER THE MAYOR, THE 
PRESIDENT OF THE CITY COUNCIL, THE COMPTROLLER AND THE 
CITY COUNCIL ARE SWORN INTO OFFICE, THE TERM OF THE 
COMMISSION BEGINS. 

(5) THE COMMISSION SHALL EXPIRE 12 MONTHS AFTER 
THE DATE OF ITS FIRST MEETING. 

CD) AN APPOINTMENT TO A VACANCY TO COMPLETE AN 
UNEXPIRED TERM SHALL BE FOR THE REMAINDER OF THAT TERM. 

(E) A MAJORITY OF THE MEMBERS OF THE COMMISSION 
CONSTITUTES A QUORUM. 

(F) THE MEMBERS OF THE COMMISSION SHALL RECEIVE NO 
COMPENSATION AS MEMBERS OF THE COMMISSION, BUT MAY BE 
REIMBURSED FOR ACTUAL EXPENSES INCURRED IN THE 
PERFORMANCE OF THEIR DUTIES. 

(G) THE COMMISSION MAY ADOPT RULES TO GOVERN ITS 
MEETINGS AND OPERATION. 

(H) ALL MEETINGS OF THE COMMISSION SHALL COMPLY WITH 
THE STATE OPEN MEETINGS LAW. 

(D THE COMMISSION SHALL: 

(1) EVALUATE THE COMPENSATION OF ELECTED 
OFFICL\LS INCLUDING SALARIES, PENSION BENEFITS, AND OTHER 
PERSONNEL COSTS; 

(2) MAKE RECOMMENDATIONS ON THE COMPENSATION 
TO BE RECEIVED BY ELECTED OFHCLUS COMMENCING WITH THEIR 
NEW TERMS OF OFFICE ON OR BEFORE AUGUST 1ST OF THE YEAR 
OF THE FORMATION OF THE COMMISSION. 

(3) KEEP A RECORD OF ITS PROCEEDINGS, WHICH SHALL 
BE FILED WITH THE DEPARTMENT OF LEGISLATIVE REFERENCE; 

AND 

(4) ADVISE THE MAYOR AND CITY COUNCIL ON 
QUESTIONS RELATING TO COMPENSATION FOR ELECTED 
OFFICIALS. 



239 



Ord. No. 247 



SEC. 2. AND BE IT FURTHER ORDAINED, That in the event it be 
judicially determined that any word, phrase, clause, sentence, 
paragraph, section or part of this ordinance is invalid, the remaining 
provisions and application of such provisions shall not be affected 
thereby, the Mayor and Qty Council hereby declaring that they would 
have ordained the remaining provisions of this ordinance without the 
word, phrase, clause, sentence, paragraph, section or part of the 
application thereof so held invalid. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 8, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 247 

(Council Bill No. 365) 

AN ORDINANCE concerning 

SECOND-HAND PERSONAL PROPERTY DEALERS 

FOR the purpose of providing that not-for-profit second-hand personal 
property dealers are not subject to the Second-Hand Personal 
Property Dealers license fee. 

BY repealing and reordaining with amendments 
Article 19 - Police Ordinances 
Subtide - Second-Hand Personal Property Dealers 
Section 48C 
Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 19 - POUCE ORDINANCES 

Second-Hand Personal Property Dealers 



240 



Ord. No. 248 



48C. License fee. 

(A) Each person, firm or corporation dealing in second-hand 
personal property, consignment goods, or antiques within the Qty of 
Baltimore shall pay for the privilege of conducting such business by first 
taking out an annual license therefor and paying an annual license fee 
in the amount of $50 for each place of business. Said license shall be 
granted by the Director of Finance. The annual license fee hereby 
imposed shall be collectible pursuant to the provisions of Sections 88 
and 108 of Article 15 of this Code. The license issued to the owner or 
operator of a collective shall fulfill the license requirements for all 
member dealers in the collective. 

(B) A second-hand personal property dealer, antique dealer, 
consignment goods dealer who is also subject to the licensing provisions 
relating to junk dealers, shall pay only the annual license fee for junk 
dealers. 

(Q NOTHING IN THIS SECTION SHALL APPLY TO A PERSON, 
FIRM, OR CORPORATION WHICH DOES NOT BUY OR SELL WITH A 
\TEW TO PROFIT IN THE PROSECUTION OF A REGUL^R TRa^E OR 
BUSINESS THAT IS EXEMPT OR ELIGIBLE FOR EXEMPTION FROM 
TAXATION UNDER SECTIONS 50irOC3:) AND 501CC)C4) OF THE 
INTERNAL REVENUE CODE . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 8, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 248 

(Council BUI No. 401) 

AN ORDINANCE concerning 

CITY PROPERTY SALE - STUART RIDGELY PLAYGROUND 

FOR the purpose of authorizing the Mayor and City Council of 

Baltimore to sell at either public or private sale all of the interest 

241 



Ord. No. 248 



of the Mayor and Qty Council of Baltimore in and to a certain 
parcel of land situated on Hillen Road (formerly Stuart Ridgely 
Playground), said parcel of land and improvements being no 
longer needed for public use. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Comptroller of Baltimore Qty be 
and she is hereby authorized to sell, at either public or private sale in 
accordance with Article V, Section 5(b) of the Qty Charter (1964 
Revision, as amended), all of the interest of the Mayor and Qty Council 
of Baltimore in and to a certain parcel of land situated on Hillen Road 
and described as follows: 

Beginning for the same to a Bronze State Monument stamped 
M.S.C. 100, said point being on the East side of Hillen Road (120 feet 
wide) and having the coordinates North 16237.10 and East 8140.94 
(referred to the Baltimore City Coordinate System); thence with East 
side of Hillen Road South 16** 21'40" West 471.44 feet to concrete 
monument found at the Northwest comer of the Turner Armory 
property; thence with the North line of said property South 84°26'25'' 
East 340.84 feet to an Iron Pipe found; thence North 42°45'00" East 
216.29 feet to an Iron Pipe found on the North side of a 30 foot lane 
thence with said North side North 47*'15' West 481.06 feet to the place 
of beginning, containing 3.006 acres +. 

Being that property shown as Lot 4 on sheet 1 of 13 of Baltimore 
Qty Block 5387 dated January, 1972. 

Said property being no longer needed for public use. 

All courses and distances in the above description are referred to 
as true meridian as adopted by the Baltimore Survey Control System. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
approved by the Qty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



242 



Ord. No. 249 



Approved July 8. 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 249 

(Council BUI No. 431) 

AN ORDINANCE concerning 

ELECTED OFFICLUS' RETIREMENT SYSTEM 

FOR the purpose of amending the provisions relating to the definition of 
current annual compensation for any member whose position or 
title is abolished and to ordinary disability retirement benefits. 

BY repealing and reordaining with amendments 
Article 22 - Retirement Systems 
Subtitie - Elected Officials' Retirement System 
Section s 17 A, 22(e) 
Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 22 - RETIREMENT SYSTEMS 

Elected Officials' Retirement System 

17A. Definitions. 

(9) 'Current annual eamable compensation' shall mean the current 
annual compensation authorized for that elected position and shall 
include any future increase occurring after the retirement of the official, 
which shall, after retirement, index benefits paid under this system 
subject to apphcable reduction for any optional retirement allowance 
selection. 

IF THE POSITION OR CLASS OF ANY ELECTED OFFICLU IS 
ABOLISHED AND A NEW POSITION OR CLASS IS CREATED, THEN. 



243 



Ord. No. 250 



THE CURRENT ANNUAL EARNABLE COMPENSATION AUTHORIZED 
FOR THE NEW POSITION OR CLASS, INCLUDING ANY FUTURE 
INCREASES, SHALL BE USED TO INDEX BENEFITS OF RETIRED 
MEMBERS WHO HELD OFFICE IN THE ABOLISHED POSITION OR 
CLASS. PROVIDED, FURTHERMORE, IF A NEW POSITION OR CLASS 
IS NOT CREATED, THEN FUTURE INCREASES TO RETIREMENT 
BENEFITS SHALL BE INDEXED TO THE FUTURE COMPENSATION 
PERCENTAGE INCREASES TO THE POSITION OF MAYOR OF THE CITY 
OF BALTIMORE. 

22. Benefits. 

(e) Allowance on ordinary disability retirement. Upon retirement 
for ordinary disability ON OR AFTER OCTOBER 16, 1992, a member 
[shall be entided to receive the maximum service retirement allowance 
if he has acquired at least twelve (12) years of service credit and fifty 
(50) years of age or more or sixteen (16) or more years of service 
credit; otherwise he] shall be entitled to receive the maximum ordinary 
disability retirement allowance which shall [consist of:] BE THE 
GREATER OF: 

[the greater of:] 

(1) an annuity which shall be the actuarial equivalent of his 
accimiulated contributions at the time of retirement, and a pension 
which together with this annuity shall be equal to the annual amount of 
his accrued service retirement allowance; or 

(2) a total retirement allowance [consisting] of twenty-five 
percent (25%) of the current annual eamable compensation applicable 
to that office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 8, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 250 
(Council Bill No. 432) 

244 



Ord. No. 250 



AN ORDINANCE concerning 

EMPLOYEE'S RETIREMENT SYSTEM 

FOR the purpose of amending the provisions relating to ordinary 
disability retirement benefits. 

BY repealing and reordaining with amendments 
Article 22 - Retirement Systems 
Subtitle - Employees' Retirement System 
Section 6(c)(1), 9(i) 
Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 22 - RETIREMENT SYSTEMS 

Employees' Retirement System 

6. Benefits. 

(c) Ordinary disability retirement benefit for any Qass A or Class 
B member who was an employee on or after June 29, 1989. Any Class 
A or Qass B member who has acquired five (5) or more years of service 
and who has been determined by a hearing examiner to be mentally or 
physically incapacitated for the further performance of the duties of his 
job classification in the employ of Baltimore City, and that such 
incapacity is likely to be permanent, shall be retired by the Board of 
Trustees on an ordinary disability retirement, not less than thirty (30) 
and not more than ninety (90) days next following the date of filing his 
application for ordinary disability retirement benefits. 

(1) Upon retirement for ordinary disability ON OR BEFORE 
OCTOBER 15, 1992, a Class A or Qass B member shall be entitled to 
receive the maximum service retirement allowance if he has attained the 
age of sixty (60); otherwise, he shall be entided to receive the 
maximum ordinary disability retirement allowance which shall consist 
of: 



245 



Ord. No. 250 



[(1)](D An annuity which shall be the actuarial 
equivalent of his accumulated contributions at the time of retirement; 
and 

[(2)] (ID A pension, which together with his annuity, 
shall provide a total retirement allowance equal to one and eighty-five 
himdredths of one percent (1.85%) of his average final compensation in 
the case of Qass A members, and one and seven tenths of one percent 
(1.70%) of his average final compensation in the case of Qass B 
members, multiplied by the nimiber of years of his service, [if such 
retirement allowance exceeds twenty-five percent (25%) of his average 
final compensation; otherwise, a pension, which together with his 
annuity, shall provide a total retirement allowance equal to one and 
eighty-five hundredths of one percent (1.85%) of his average final 
compensation in the case of Qass A members, and one and seven tenths 
of one percent (1.70%) of his average final compensation in the case of 
Qass B members, multiplied by the number of years which would be 
credited to him were his service to continue until the attainment of age 
sixty (60), so far as the resulting total retirement allowance shall not 
exceed twenty-five percent (25%) of his average final compensation.] 
However, for members who terminate employment with the Qty before 
June 29, 1990, the preceding sentence shall be read by substituting "one 
and eighty-four hundredths of one percent (1.84%)" for "one and 
eighty-five hundredths of one percent (1.85%)", and by substituting 
"one and sixty-nine hundredths of one percent (1.69%)" for "one and 
seven tenths of one percent (1.70%)". 

(III) The additional annuity provided as the result of 
voluntary excess contributions under Sections 8(a)(2) and 8(a)(4) shall 
be payable and shall not be used in determining the ordinary disability 
pension imder this subsection. 

(IV) IF THE RETIREMENT ALLOWANCE COMPUTED IN 
PARAGRAPH (Q(l) OF THIS SECTION IS LESS THAN 25% OF THE 
MEMBER'S AVERAGE FINAL COMPENSATION, THEN SUBSTITUTE 
FOR THE MEMBER'S ACTUAL YEARS OF SERVICE THE NUMBER OF 
YEARS OF SERVICE WHICH WOULD BE CREDITED TO THE MEMBER 
WERE HIS SERVICE TO CONTINUE UNTIL THE ATTAINMENT OF AGE 
SIXTY. THE RESULTING TOTAL RETIREMENT ALLOWANCE SHALL 
NOT EXCEED 25% OF THE MEMBER'S AVERAGE FINAL 
COMPENSATION. 

(2) UPON RETIREMENT FOR ORDINARY DISABILITY ON 
OR AFTER OCTOBER 16, 1992, A CLASS A OR CLASS B MEMBER 



246 



Ord. No. 250 



SHALL BE ENTITLEX) TO RECEIVE THE MAXIMUM ORDINARY 
DISABILITY RETIREMENT ALLOWANCE WHICH SHALL CONSIST OF: 

(I) AN ANNUITY WHICH SHALL BE THE ACTUARIAL 
EQUIVALENT OF HIS ACCUMULATED CONTRIBUTIONS AT THE TIME 
OF RETIREMENT; AND 

(ID A PENSION, WHICH TOGETHER WITH HIS 
ANNUITY, SHALL PROVIDE A TOTAL RETIREMENT ALLOWANCE 
EQUAL TO ONE AND EIGHTY-FIVE HUNDREDTHS OF ONE PERCENT 
(1.85%) OF HIS AVERAGE FINAL COMPENSATION IN THE CASE OF 
CLASS A MEMBERS, AND ONE AND SEVEN TENTHS OF ONE 
PERCENT (1.70%) OF HIS AVERAGE FINAL COMPENSATION IN THE 
CASE OF CLASS B MEMBERS, MULTIPLIED BY THE NUMBER OF 
YEARS OF HIS SERVICE. 

(IID THE ADDITIONAL ANNUITY PROVIDED AS THE 
RESULT OF VOLUNTARY EXCESS CONTRIBUTIONS UNDER SECTIONS 
8(A)(2) AND 8(A)(4) SHALL NOT BE USED IN DETERMINING THE 
ORDINARY DISABILITY PENSION UNDER THIS SUBSECTION. 

(IV) PROVIDED, HOWEVER, NOT WITHSTANDING 
ANYTHING TO THE CONTRARY, NO MEMBER ELIGIBLE FOR 
RETIREMENT UNDER THE PROVISIONS OF PARAGRAPH (Q(2) OF 
THIS SECTION SHALL RECEIVE AN ORDINARY DISABILITY 
ALLOWANCE OF LESS THAN 25% OF HIS AVERAGE FINAL 
COMPENSATION. 

9. Qass C membership. 

(i) Ordinary disability retirement benefit. Any Qass C member 
who has acquired (5) or more years of service [and who has not 
attained the age of sixty (60),] and who has been determined by a 
hearing examiner to be mentally or physically incapacitated for the 
fmther performance of the duties of the member's job classification in 
the employ of the Qty, and that such incapacity is likely to be 
permanent, may be retired on an ordinary disability retirement. 

If the hearing examiner determines that the member has suffered 
any permanent disability which prevents the member from the further 
performance of the duties of the member's job classification in the 
employ of the Gty of Baltimore, the Qty shall within thirty (30) days of 
the expiration of the appeal period as provided in Section 9(p), or, if an 
appeal is taken, within thirty (30) days of the final determination of all 



247 



Ord. No. 250 



appeals, refer the member to the Qvil Service Commission for 
vocational coimseling and job evaluation to determine whether the 
member is suitable for re-employment with the Qty in another position 
at the same rate of compensation as he was receiving in his last 
position. 

During the period such member is being counseled, he shall 
temporarily receive the ordinary disability benefits under this section 
until such time as the Qvil Service Conmiission has determined that 
either the member is suitable for re-employment in another position or 
that the Qty caimot offer any alternative employment. If the 
determination by the Qvil Service Commission is that the member is re- 
employable, the member shall either be re-employed within one year 
and the award of ordinary disability benefits terminated, or else the 
member shall be retired on ordinary disability retirement subject to the 
other provisions of this subtitie. If the determination by the Qvil 
Service Commission is that the member is not re-employable, the 
member shall be retired on ordinary disability retirement subject to the 
other provisions of this subtide. 

If the member is aggrieved by the determination of the Qvil 
Service Commission and refuses to accept the offer of re -employment, 
he may appeal to the Panel of Hearing Examiners. The hearing 
examiner shall determine whether the member is capable of performing 
the duties of the position offered. If the hearing examiner's 
determination is that the member cannot perform the duties of the 
position offered, the member shall be retired on ordinary disability 
retirement subject to the other provisions of this subtitle. If the hearing 
examiner determines that the member is capable of performing the 
duties of the position offered, and the member again refuses the offer of 
re -employment, the award of ordinary disability benefits shall be 
terminated. 

(1) Upon retirement for ordinary disability ON OR BEFORE 
OCTOBER 15, 1992, a member WHO HAS NOT ATTAINED THE AGE 
OF SIXTY shall be entided to receive a maximum pension equal to the 
pension determined in accordance with Section 9(e) as if he remained 
employed by the Qty until the normal retirement date, age sixty-five 
(65), multiplied by die greater of: 

(i) a firaction, the mmierator of which shall be the 
number of years (and fractions thereof) of his service 
prior to the time he ceased to be employed by the City, 
and the denominator of which shall be the number of 



248 



Ord. No. 250 



years (and fractions thereoO of service that he would 
have had if HE had continued to be employed by the 
Qty until his normal retirement date, age sixty-five (65); 
or 

(ii) one-half. 

However, the ordinary disability benefit provided for under this 
subsection, shall not be greater than the early retirement benefit a 
member would be entitied to receive at age sixty (60), as if he remained 
employed until that time, and based upon the assimiption that there 
would be no change in his average final compensation. 

[For purposes of this Section 9(i), the last sentence of Sections 
9(e)(1) and 9(e)(2) shall not apply with respect to employment by the 
Fire Department of a member to perform duties as or substantially 
similar to a paramedic (including a cardiac rescue technician) or 
paramedic assistant. When determining the ordinary disability benefit 
under this Section 9(i), the member's Primary Social Security Benefit 
shall be multiplied by a fraction, the numerator of which shall be the 
number of years and fractions thereof of his service prior to the time he 
ceased to be employed by the Qty and during which he had Old-Age, 
Survivor's and Disability Insurance taxes (as described in Section 
3111(a) of the Internal Revenue Code of 1986, as amended) paid on his 
behalf by the Qty, and the denominator of which is the total number of 
years and fractions thereof of his service prior to the time he ceased to 
be employed by the Qty.] 

(2) UPON RETIREMENT FOR ORDINARY DISABILITY ON 
OR AFTER OCTOBER 16, 1992, A MEMBER SHALL BE ENTITLED TO 
RECEIVE A MAXIMUM PENSION WHICH SHALL BE EQUAL TO THE 
GREATER OF: 

(D THE MEMBER'S ACCRUED SERVICE RETIREMENT 
BENEFIT, AS DETERMINED IN ACCORDANCE WITH 
SECTION 9(E); OR 

(ID 15% OF THE MEMBER'S AVERAGE FINAL 
COMPENSATION. 

[(1)](3) For purposes of determining the benefit under this 
Section 9(i), the offset of the Primary Social Security Benefit will be 
calculated on the assumption that the member would have continued to 



249 



Ord. No. 250 



receive until his normal retirement date, age sixty-five (65), 
compensation at the rate in effect at the time of his retirement. 

[(2)] (4) Offset to ordinary disability retirement benefit. 
There shall be offset from any ordinary disability retirement benefit 
payable: 

(i) The full amount of any benefit or payment currently 
payable on or after ordinary disability retirement on 
account of unemployment compensation insurance 
tmder any Federal, State or Qty law, when the Qty 
either pays the cost of said benefit by means of the 
reimbursement method or the Qt/s experience rate is 
affected as a result of the taxing method. 

(ii) Effective with the date beginning five (5) years prior 
to the date of the member's retirement on ordinary 
disability, the full amount of any past or future benefit 
or payment which may be paid or payable by the Qty of 
Baltimore imder the provisions of any workmen's 
compensation or similar law for any permanent 
disability, whether partial or total, or for death. The 
benefits imder said workmen's compensation or similar 
law shall be offset dollar for dollar, pro tanto, from the 
benefits otherwise payable from funds provided by the 
Qty of Baltimore under this subtitle, and such benefits 
so reduced shall be payable under the provisions of this 
subtitle. 

[(3)] (5) Re-examination. The Panel of Hearing Examiners 
may, at its discretion, but not more frequently than once in any one 
year, require any retired Qass C member, who is receiving an ordinary 
disability retirement benefit and who has not yet attained age sixty-five 
(65), to undergo a medical examination to determine whether the 
retiree has become fit to resume the duties of his former job 
classification. Such examination shall be made in the place of residence 
of said retiree, or other place mutually agreed upon by the retiree and a 
physician or physicians designated by the Panel of Hearing Examiners. 
The examining physician shall report his findings to the Panel of 
Hearing Examiners. If, in the opinion of the examining physician, said 
retiree is able to resume said duties, the Medical Services Division of the 
Qvil Service Qjmmission or applicable departmental physician shall 
thereafter conduct a re-examination of said retiree at a reasonable site 
determined by the Medical Services Division; and if it concurs in the 



250 



Ord. No. 250 



opinion of the examining physicians, it shall certify to the Panel of 
Hearing Examiners that said retiree is fit to p)erform the duties of his 
former job classification. If the examining physicians' opinions do not 
concur, the Panel of Hearing Examiners shall schedule a hearing to 
determine the fitness of a retiree to perform the duties of his former job 
classification. The Panel of Hearing Examiners shall thereafter submit 
its determination to the head of the department in which the retiree 
was employed prior to retirement, and in the case of classified 
employees, to the Qvil Service Commission. For purposes of re- 
employment, the retiree shall be treated by the head of his department 
and by the Qvil Service Commission as if he were an employee on leave 
of absence without pay. Until actually reemployed, the retiree shall 
continue to receive his ordinary disability retirement benefit. 

A retiree on ordinary disability retirement who has been certified 
as fit to perform the duties of his former job classification and is 
restored to active service at a compensation not less than the rate of 
annual compensation being paid currently to persons in the same grade 
and step as the retiree was at the time of disability retirement, shall 
cease to receive ordinary disability retirement benefits. The retiree shall 
again become a Gass C member of the retirement system. Any previous 
service credit on the basis of which service was computed at the time of 
ordinary disability retirement shall be restored to full force and effect; 
and in addition, upon the retiree's subsequent retirement, all service as 
a member shall be credited. 

A retiree on ordinary disability retirement may volimtarily accept 
employment with the Qty at a compensation less than the rate of 
aimual compensation being paid currently to persons in the same grade 
and step as the retiree was at the time of disability retirement. Said 
retiree shall cease to receive the ordinary disability retirement benefits 
and shall again become a Gass C member of the retirement system. 
Any previous service credit on the basis of which service was computed 
at the time of ordinary disability retirement shall be restored to full 
force and effect; and in addition, upon the retiree's subsequent 
retirement, all service as a member shall be credited and the retirement 
benefits awarded shall not be less than the ordinary disability retirement 
benefits previously received. If such retiree terminates employment 
with the Qty before being eligible for any service retirement benefits, 
the ordinary disabihty retirement benefit the retiree was previously 
receiving shall be restored to full force and effect. 

Should a retiree on ordinary disability retirement who has been 
certified as fit to perform the duties of his former job classification 



251 



Ord. No. 251 



refuse to accept an offer of re-employment by the Qty involving duties 
in the nature of those performed prior to retirement and at a salary not 
less than the rate of annual compensation being paid currently to 
persons in the same grade and step as the retiree was at the time of 
disability retirement, all rights in and to ordinary disability retirement 
benefits shall be revoked by the Board of Trustees. 

Should a retiree on ordinary disability retirement refuse to submit 
to the medical examinations herein provided for, the ordinary disability 
retirement benefit may be discontinued until the withdrawal of said 
refusal; and should the retiree's refusal continue for one (1) year, all 
rights in and to the ordinary disability retirement benefits shall be 
revoked by the Board of Trustees. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 8, 1993 

KURT L. SCHMOKE, Mayor 



i 



CITY OF BALTIMORE 

ORDINANCE NO. 251 

(Council Bill No. 433) 

AN ORDINANCE concerning 

FIRE AND POUCE EMPLOYEES' RETIREMENT SYSTEM 

FOR the purpose of amending the provisions relating to ordinary 
disability retirements benefits. 

BY repealing and reordaining with amendments 
Article 22 - Retirement Systems 

Subtitle - Fire and Police Employees' Retirement System 
Section 34(b), 34(d) 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of die Baltimore Qty Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 



252 



Ord. No. 251 



ARTICLE 22 - RETIREMENT SYSTEMS 

Fire and Police Employees' Retirement System 

34. Benefits. 

(b) Allowance on service retirement. Upon retirement from 
service a member shall receive a service retirement allowance as 
follows: 

(1) For any member who retires on or before June 30, 
1989, the service retirement allowance shall consist of: 

(A) An annuity which shall be the actuarial equivalent 
of his accumulated contributions at the time of his retirement; and 

(B) For each year of service, in addition to his annuity, 
a pension, which shall be equal to one one-hundredth of his average 
final compensation for each of the first twenty-five years of service, less 
any prior service, and one one -hundred-twentieth of his average final 
compensation for each year after the first twenty-five years of service 
less any prior service; and 

(Q If he has been credited with prior service, a 
supplemental pension which shall be equal to one-fiftieth of his average 
final compensation multiplied by the number of years of such prior 
service; and 

(D) If at the time of retirement the aimuity determined 
in accordance with Section 34(b)(1)(A) resulting from the member's 
contributions for service is less than the pension resulting from the 
member's years of service determined in accordance with Section 
34(b)(1)(B), a supplemental pension equal to the difference between 
the two shall be payable. 

(E) The additional armuity provided as the result of 
voluntary contributions permitted under Section 36(b)(4) shall be 
payable and shall not be used in determining this supplemental pension, 
if any, payable under this subdivision [, nor in determining the disability 
pension under Section 34(d)(2)]. 

(2) For any member who retires on or after July 1, 1989, 
AND ON OR BEFORE JUNE 30, 1991, the service retirement allowance 
shall consist of: 



253 



Ord. No. 251 



(A) An annuity which shall be the actuarial equivalent 
of his accumulated contributions at the time of his retirement; and 

(B) A pension, which together with his annuity shall be 
equal to 2.25% of his average final compensation for each year of the 
first twenty (20) years of service, 2.50% of his average final 
compensation for each year of his next two (2) years of service, and 
1.67% of his average final compensation for each year of service 
thereafter. 

(Q The additional annuity provided as a result of 
volimtary contributions permitted under Section 36(b)(4) shall be 
payable and shall not be used in determining the pension payable under 
Section 34(b)(2)(B) [nor in determining the disability pension imder 
Section 34(d)(2)]. 

(3) For any member who retires on or after July 1, 1991, 
the service retirement allowance shall consist of: 

(A) An annuity which shall be the actuarial equivalent 
of his accimiulated contributions at the time of his retirement; and 

(B) A pension, which together with his annuity shall be 
equal to 2.5% of his average final compensation for each year of the 
first twenty (20) years of service, plus 1.8% of his average final 
compensation for each year of service thereafter. 

(Q The additional annuity provided as a result of 
voluntary contributions permitted under Section 36(b)(4) shall be 
payable and shall not be used in determining the pension payable imder 
Section 34(b)(3)(B) [nor in determining the disability pension under 
Section 34(d)(2)]. 

(4) Provided further, however, that members and 
beneficiaries of members who retired before July 1, 1988, and any 
surviving beneficiary of a member who began receiving benefits before 
July 1, 1988, shall receive a 2 percent increase in periodic benefits as of 
January 1, 1992. 

(d) Allowance on ordinary disability retirement. [Upon 
retirement for ordinary disability a member shall receive a service 
retirement allowance if he has attained the age of fifty; otherwise he 
shall receive an ordinary disability retirement allowance which shall 
consist of:] 



254 



Ord. No. 251 



(1) ANY MEMBER WHO RETIRES ON ACCOUNT OF 
ORDINARY DISABILITY ON OR BEFORE OCTOBER 15, 1992, SHALL 
RECEIVE AN ALLOWANCE AS FOLLOWS: 

[(1)](A) An annuity which shall be the actuarial 
equivalent of his accumulated contributions at the time of retirement; 
and 

[(2)](B) A pension which, together with his annuity, 
shall provide a total retirement allowance equal to [one-fortieth] 2.5% 
of his average final compensation for each of the first twenty years of 
service, [and one-fiftieth] PLUS 2% of his average final compensation 
for each year [after the first twenty years of service;] THEREAFTER. 

(Q THE ADDITIONAL ANNUITY PROVIDED AS A 
RESULT OF VOLUNTARY CONTRIBUTIONS PERMITTED UNDER 
SECTION 36 CB)(4) SHALL BE PAYABLE AND SHALL NOT BE USED IN 
DETERMINING THE PENSION PAYABLE UNDER SECTION 34CD)(1)(B). 

[(3)](D) Provided, however, that notwithstanding 
anything in this [subsection] PARAGRAPH SUBSECTION to the 
contrary, IF AT THE TIME OF RETIREMENT A MEMBER HAS 
ATTAINED THE AGE OF FIFTY YEARS AND HAS ACQUIRED TWENTY- 
FIVE OR MORE YEARS OF SERVICE, HE SHALL RECEIVE A SERVICE 
RETIREMENT ALLOWANCE COMPUTED AS PROVIDED IN 
PARAGRAPHS CB)C1), (2) AND C3) OF THIS SUBSECTION . 

HOWEVER, if at the time of retirement a member [over] 
HAS ATTAINED THE AGE OF fifty years [of age shall have rendered] 
AND HAS ACQUIRED less than twenty- five years of service, [and shall 
be retired for ordinary disability, then and in that event, and 
notwithstanding the age of such member,] he shall receive [as] an 
ordinary disability retirement allowance [a sum to be] computed as 
provided in [paragraphs (d)(1) and (2) of] this subsection [to the 
extent that such sum] PROVIDED SUCH ALLOWANCE does not exceed 
[fifty per centum (]50%D] of his average final compensation. 

[(4)](E) Provided, further, anything hefeift IN THIS 
SUBSECTION to the contrary notwithstanding, any member eligible for 
retirement under the provisions of [subsection (c) hereof] PARAGRAPH 
D (1) OF THIS SUBSECTION, regardless of the length of service or the 
age of such member, shall receive an ordinary disability allowance of 
not less than [one-quarter] 25% of his average final compensation. 



255 



Ord. No. 252 



(2) ANY MEMBER WHO RETIRES ON ACCOUNT OF 
ORDINARY DISABILITY ON OR AFTER OCTOBER 16, 1992, SHALL 
RECEIVE AN ALLOWANCE AS FOLLOWS: 

(A) AN ANNUITY WHICH SHALL BE THE ACTUARIAL 
EQUIVALENT OF HIS ACCUMULATED CONTRIBUTIONS AT THE TIME 
OF RETIREMENT; AND 

(B) A PENSION WHICH, TOGETHER WITH HIS 
ANNUITY, SHALL PROVIDE A TOTAL RETIREMENT ALLOWANCE 
EQUAL TO 2.5% OF HIS AVERAGE FINAL COMPENSATION FOR EACH 
OF THE FIRST TWENTY YEARS OF SERVICE, PLUS 1.8% OF HIS 
AVERAGE FINAL COMPENSATION FOR EACH YEAR THEREAFTER. 

(Q THE ADDITIONAL ANNUITY PROVIDED AS A 
RESULT OF VOLUNTARY CONTRIBUTIONS PERMITTED UNDER 
SECTION 36(B)(4) SHALL BE PAYABLE AND SHALL NOT BE USED IN 
DETERMINING THE PENSION PAYABLE UNDER SECTION 34(D)(2)(B). 

(D) HOWEVER, ANY MEMBER ELIGIBLE FOR 
RETIREMENT UNDER THE PROVISIONS OF THIS SUBSECTION (D)(2), 
SHALL RECEIVE AN ORDINARY DISABILITY ALLOWANCE OF NOT 
LESS THAN 25% OF HIS AVERAGE FINAL COMPENSATION. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 8, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 252 

(Council Bill No. 507) 

AN ORDINANCE concerning 

CITY STREET - OPENING 4 ALLEYS 
UPTON AREA 



256 



Ord. No. 252 



FOR the purpose of condemning and opening certain alleys lying within 
property lines of Disp>osition Lots 18 and 21, Upton Urban Renewal 
Area; Block 336. Lots 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 
17, 18, 19, 20, 21/22, 23, 24, and 25A; located within the area 
bounded by Sewell Street, Argyle Avenue, Pitcher Street and North 
Fremont Avenue. 

By authority of: 

Article 1 - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Gty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY \ 

COUNCIL OF BALTIMORE, That the Department of Housing and 
Community Development is hereby authorized and directed to condemn 
and open the alleys described below and as set forth on Block 336, 
Ward 14, Section 10, Department of Public Works, Bureau of Surveys, 
Property Location Division of the Qty of Baltimore: i 

1. An alley 5 feet wide laid out in the rear of the properties J 
formerly known as 1145 through 1149 North Fremont ^ 
Avenue, and extending from the south side of Sewell Street > 
southeasterly 51 feet more or less, to the end thereof; ^ 

2. An alley 3 feet wide laid out in the rear of the property ^ 
formerly known as 627 Sewell Street and adjacent to the 

property formerly known as 1145 North Fremont Avenue, 
and extending from the west side of Argyle Avenue 
southwesterly 60 feet more or less to the end thereof; 

3. An alley 3 feet wide laid out in the rear of the properties 
formerly known as 1614 through 1626 Argyle Avenue, 
extending from the southeast side of the property formerly 
known as 1145 North Fremont Avenue, southeasterly 92 feet 
more or less to the end thereof; 

4. An alley 3 feet wide laid out adjacent to the property 
formerly known as 1614 Argyle Avenue, extending from the 
south side of Argyle Avenue southwesterly 60 feet more or 
less to the end thereof. 



257 



Ord. No. 253 



SEC. 2. AND BE IT FURTHER ORDAINED, That the proceedings of 
said Department of Housing and Commvinity Development, with 
reference to the condemnation and opening of said alleys and the 
proceedings and rights of all parties interested or affected thereby, shall 
be regulated by, and be in accordance with, any and all applicable 
provisions of Article 4 of the Code of Public Local Laws of Maryland and 
the Charter of Baltimore Qty (1964 Revision, as amended) and any and 
all amendments thereto, and any and all other Acts of the General 
Assembly of Maryland, and any and all ordinances of the Mayor and 
Qty Coimcil of Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Commissioner of the Department of 
Housing and Community Development and filed with the Department of 
Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved July 8, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 253 

(Council Bill No. 508) 

AN ORDINANCE concerning 

CITY STREET - CLOSING 4 ALLEYS 
UPTON AREA 

FOR the purpose of condemning and closing certain alleys lying within 
property lines of Disposition Lots 18 and 21, Upton Urban Renewal 
Area; Block 336, Lots 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 
17, 18, 19, 20, 21/22, 23, 24, and 25A; located within the area 
bounded by Sewell Street, Argyle Avenue, Pitcher Street and North 
Fremont Avenue. 

By authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 



258 



Ord. No. 253 



Sections 2, 34, 35 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Department of Housing and 
Community Development is hereby authorized and directed to condemn 
and close the alleys described below and as set forth on Block 336, 
Ward 14, Section 10, Department of Public Works, Bureau of Surveys, 
Property Location Division of the Qty of Baltimore: 

1. An alley 5 feet wide laid out in the rear of the properties 
formerly known as 1145 through 1149 North Fremont 
Avenue, and extending from the south side of Sewell Street 
southeasterly 51 feet more or less, to the end thereof; 

2. An alley 3 feet wide laid out in the rear of the property 
formerly known as 627 Sewell Street and adjacent to the 
property formerly known as 1145 North Fremont Avenue, 
and extending from the west side of Argyle Avenue 
southwesterly 60 feet more or less to the end thereof; 

3. An alley 3 feet wide laid out in the rear of the properties 
formerly known as 1614 through 1626 Argyle Avenue, 
extending from the southeast side of the property formerly 
known as 1145 North Fremont Avenue, southeasterly 92 feet 
more or less to the end thereof; 

4. An alley 3 feet wide laid out adjacent to the property 
formerly known as 1614 Argyle Avenue, extending from the 
south side of Argyle Avenue southwesterly 60 feet more or 
less to the end thereof. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after said alleys 
shall have been closed under the provisions of this Ordinance, all 
subsurface structures and appurtenances now owned by the Mayor and 
Qty Council of Baltimore, shall be and continue to be the property of 
the Mayor and Qty Council of Baltimore in fee simple, until the use 
thereof shall be abandoned by the Mayor and City Council of Baltimore, 
and in the event that any person, firm or corporation shall desire to 
remove, alter or interfere therewith, such person, firm or corporation 
shaD first obtain permission and permits therefor from the Mayor and 
Qty Council of Baltimore, and shall in the application for such 
permission and permits agree to pay all costs and charges of every kind 
and nature made necessary by such removal, alteration or interference. 



259 



Ord. No. 253 



SEC. 3. AND BE IT FURTHER ORDAINED, That no buildings or 
structures of any kind shall be constructed or erected in said alleys after 
the same shall have been closed under the provisions of this Ordinance, 
until the subsurface structures and appurtenances now owned by the 
Mayor and Qty Council of Baltimore, over which said buildings or 
structures are proposed to be constructed or erected, shall have been 
abandoned or shall have been removed and relaid in accordance wixh 
the specifications and under the direction of the Director of Public 
Works of Baltimore Qty and at the expense of the person or persons or 
body corporate desiring to erect such buildings or structures. Railroad 
tracks shall be "structures" within the meaning of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after said alleys 
shall have been closed imder the provisions of this ordinance, all 
subsurface structures and appurtenances owned by any person, firm or 
corporation other than the Mayor and Qty Council of Baltimore, shall, 
upon notice from the Director of Public Works of Baltimore Qty, be 
promptly removed by and at the expense of the said owner. 

SEC. 5. AND BE IT FURTHER ORDAINED, That on and after the 
closing of said alleys, the said Mayor and Qty Council of Baltimore, 
acting through its duly authorized representatives, shall at all times 
have access to said property and to all subsurface structures and 
appurtenances used by it therein, for the purposes of inspection, 
maintenance, repair, alteration, relocation and/or replacement, of any 
or all of said structures and appurtenances, without permission ft-om or 
compensation to the owner or owners of said alleys. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the proceedings of 
the Department of Housing and Commimity Development with reference 
to the condemnation and closing of said alleys and the proceedings and 
rights of all parties interested or affected thereby, shall be regulated by, 
and be in accordance with, any and all applicable provisions of Article 4 
of the Code of Public Local Laws of Maryland and the Charter of 
Baltimore Qty (1964 Revision, as amended) and any and all 
amendments thereto, and any and all other Acts of the General 
Assembly of Maryland, and any and all ordinances of the Mayor and 
Qty Council of Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Commissioner of the Department of 
Housing and Community Development and filed with the Department of 
Legislative Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 



260 



Ord. No. 254 



Approved July 8, 1993 

KURT L. SCHMOKE. Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 254 

(Council BUI No. 531) 

AN ORDINANCE concerning 

AMENDING ORDINANCE NO. 260 (1984) 
5008 BLYTHEWOOD ROAD 

FOR the purpose of amending Ordinance No. 260, approved December 
20, 1984, which authorized the sale of 5008 Blythewood Road, 
subject to certain conditions. 

BY amending paragraph (1) of Section 2 of 
Ordinance 260 
Approved December 20, 1984 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section 2(1) of Ordinance No. 260, 
approved December 20, 1984, is hereby amended, to read as follows: 

"SEC. 2. AND BE IT FURTHER ORDAINED, That the sale of this 
parcel shall be subject to the following conditions of use: 

(1) Afternoon and evening use of the lot shall cease at [5:00 P.M.] 
6:00 P.M. each day [;]. HOWEVER, IF AN ATHLETIC CONTEST IS IN 
PROGRESS AT THE TIME OF CLOSING, IT SHALL BE ALLOWED TO BE 
COMPLETED;" 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved July 8, 1993 

KURT L. SCHMOKE, Mayor 



261 



Old. No. 255 

CITY OF BALTIMORE 

ORDINANCE NO. 255 

(Council Bill No. 534) 

AN ORDINANCE concerning 

CITY PROPERTY - OPENING, WIDENING, GRADING, 
CONSTRUCTION AND MAINTENANCE OF BLOOMINGDALE ROAD 

FOR the purpose of authorizing the acquisition by purchase or 

condemnation by the Mayor and City Council of Baltimore of the 
, fee simple interests or such other interests as the Director of Public 

I : Works may deem necessary or sufficient, in and to certain pieces 

J , or parcels of land situate in Baltimore City, for highway purposes, 

J : namely for the opening, widening, grading, construction and 

maintenance of Bloomingdale Road between Belmont Avenue and 
p Ellicott Driveway and authorizing the acquisition by purchase or 

I condemnation of any property, rights, interests, easements and/or 

franchises necessary for the opening, grading, construction and 
J maintenance of said Bloomingdale Road; and authorizing the 

I making of all necessary agreements concerning said Bloomingdale 

J [ Road; and authorizing the construction of said Bloomingdale Road; 

U ; the location and course being shown on plats thereof numbered 

117-D-37C sheet 3 of 3 filed in the office of the Director of the 
Department of PubHc Works on the Twenty-Sixth (26th) day of 
October in the year of 1988 and 117-D-37D sheet 1 of 1, filed in 
the office of the Director of the Department of Public Works on the 
Tenth (10th) day of February in the year of 1993, prepared by the 
Survey Control Section of the Department of Public Works. 

BY authority of 

Article I - General Provisions 

Section - 4 

Article II - General Powers 

Section - 2, 34 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That it is necessary to acquire by purchase 
or condemnation for public highway purposes, namely, for the opening, 
widening, grading, construction and maintenance of Bloomingdale Road 
between Behnont Avenue and Ellicott Driveway, the fee simple interests 

262 



Ord. No. 255 



or such other interests as the Director of Public Works may deem 
necessary in and to the pieces or parcels of land, situate in Baltimore 
Qty, including the improvements thereon, bounded as follows: 

1) Beginning for the same at the point formed by the intersection 
of the southwest side of Bloomingdale Road, as now laid out 60 feet 
wide and the southeast outline of the CSX Transportation, Inc. Right of 
Way, 120 feet wide, said point of beginning also being the beginning of 
the second line of the parcel of land conveyed by Bobby Bamett "Etal" 
to Robert Nathaniel Thomas by deed dated August 2, 1983 and 
recorded among the Land Records of Baltimore Qty in Liber S.E.B. No. 
87 Folio 894 and running thence binding on the southeast outline of 
said Right of Way and on part of the second line of said deed, there 
situate, as now surveyed. South 71°00'31" West 2.07 feet; thence for 
new lines of division through the property now or formerly owned by 
Robert Nathaniel Thomas the two following courses and distances; 
namely. South 08n0'13" East 1.96 feet and North 81°49'47" East 2.34 
feet to intersect the southwest side of Bloomingdale Road and thence 
binding on the southwest side of said Bloomingdale Road and on part of 
the first line of said deed, to the end thereof, as now surveyed. North 
15*'29'24" West 2.37 feet to the place of begiiming. 

Gjntaining 4.73 square feet of land. 

All as shown on the plat numbered 117-D-37C sheet 3 of 3. 

2) A revertible construction easement as shown on a plat 
numbered 117-D-37 D sheet 1 of 1. 

All courses and distances in the above description are referred to 
as true meridian as adopted by the Baltimore Survey Control System. 

Including all property, rights, interests, easements and/or 
franchises necessary for the opening, widening, grading, construction 
and maintenance of said Bloomingdale Road, the location and course of 
said Bloomingdale Road being shown on plats thereof numbered 117-D- 
37C sheet 3 of 3 filed in the office of the Director of the Department of 
Public Works on the Twenty-Sixth (26th) day of October in the year of 
1988 and 117-D-37D sheet 1 of 1, filed in the office of the Director of 
The Department of Public Works on the Tenth (10th) day of February in 
the year of 1993, prepared by the Survey Control Section of the 
Department of PubUc Works. 



263 



Ord. No. 255 



Any mention or reference to any streets, roads, avenues, highways 
or alleys in this Ordinance or on the plats referred to herein are for the 
purpose of description only, and shall not be held or taken to be any 
evidence whatever that said streets, roads, avenues, highways, alleys or 
any of them, are public, dedicated or private thoroughfares. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the Director of the 
Department of Public Works or the person or persons the Board of 
Estimates of Baltimore Qty may hereafter from time to time designate, 
is or are hereby authorized to acquire on behalf of the Mayor and Qty 
Council of Baltimore, and for the purposes described in this Ordinance, 
the fee simple interests or such odier interests as the said Director may 
deem necessary or sufficient, in and to said pieces or parcels of land 
and improvements thereupon, including all property, rights, interests, 
easements and/or franchises necessary for the opening, widening, 
grading, construction and maintenance of said Bloomingdale Road. If 
the said Director of the Department of PubUc Works, or person or 
persons the Board of Estimates of Baltimore Qty may designate are 
unable to agree with the owner or owners on the purchase price of any 
of the said pieces or parcels of land and improvements thereupon or for 
any of the said properties, rights, interests, easements and/or franchises, 
they shall forthwith notify the City SoUcitor of Baltimore City who shall 
thereupon institute in the name of the Mayor and Qty Council of 
Baltimore the necessary legal proceedings to acquire by condemnation 
the fee simple interests or such other rights, interests, easements and/or 
franchises as the said Director may deem necessary or sufficient for the 
purposes of said Bloomingdale Road. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the proceedings 
for the acquisition by condemnation of the property and rights herein 
described and the rights of all parties interested or affected thereby shall 
be regulated by and be in accordance vnxh the provisions of the Real 
Property Article of the Annotated Code of Maryland (1974), Tide 12, 
Section 101 Et Seq. and any and all amendments thereto. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the said Director 
of The Department of Public Works or person or persons the Board of 
Estimates of Baltimore Qty may designate are also hereby authorized to 
negotiate for and to enter into the name of the Mayor and Qty Council 
of Baltimore, any and all necessary agreements with the Federal and 
State Governments, or any of their agencies, and any other persons, 
firms or corporations, in aid of, in furtherance of, or in connection with 
said Bloomingdale Road; all such acquisitions and agreements to be 
subject to the approval of the Board of Estimates. 



264 



Ord. No. 256 



SEC. 5. AND BE IT FURTHER ORDAINED, That after the 
necessary agreements have been made and the necessary properties, 
lands, rights, easements and/or franchises have been acquired as 
hereinbefore provided, the Director of The Department of Public Works 
of Baltimore Qty is hereby authorized and directed to construct or 
cause to be constructed the said Bloomingdale Road, all in accordance 
with detailed plans hereafter to be prepared therefor and after said 
plans have been approved by said Director of the Department of Fhjblic 
Works. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved July 8, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 256 

(Council BUI No. 579) 

AN ORDINANCE concerning 

CITY PROPERTY - OPENING, WIDENING, GRADING, CONSTRUCTION 
AND MAINTENANCE OF KEY HIGHWAY 

FOR the purpose of authorizing the acquisition by purchase or 

condemnation by the Mayor and Qty Council of Baltimore of the 
fee simple interests or such other interests as the Director of the 
Department of Public Works may deem necessary or sufficient, in 
and to certain pieces or parcels of land situate in Baltimore Qty, 
for highway purposes, namely for the opening, widening, grading, 
construction and maintenance of Key Highway extending from 
Lawrence Street Southeasterly 342 feet, more or less, and 
authorizing the acquisition by purchase or condemnation of any 
property, rights, interests, easements and/or franchises necessary 
for the opening, grading, construction and maintenance of said Key 
Highway; and authorizing the making of all necessary agreements 
concerning said Key Highway; and authorizing the construction of 
said Key Highway; the location and course being shown on plats 
thereof numbered 111-D-16A and 111-D-16C, filed in the office of 
the Director of the Department of Public Works on the Thineenth 



265 



Ord. No. 256 



(13th) day of November in the year of 1992, prepared by the 
Survey Control Section of the Department of Public Works. 

BY authority of 

Article I - General Provisions 

Section - 4 

Article II - General Powers 

Section - 2, 34 

Baltimore Qty Qiarter (1964 Revision, as amended) 

SECTION 1. Be it ordained by the Mayor and Qty Council of 
Baltimore, That it is necessary to acquire by purchase or condemnation 
for public highway purposes, namely, for the opening, widening, 
grading, construction and maintenance of Key Highway extending from 
Lawrence Street Southeasterly 342 feet, more or less, die fee simple 
interests or such other interests as the Director of the Department of 
Public Works may deem necessary in and to the pieces or parcels of 
land, situate in Baltimore Qty, including the improvements thereon, 
bounded as follows: 

1) Beginning for the same at the point formed by the intersection 
of the southeast side of Lawrence Street, varying in width, and the 
southwest side of Key Highway, 106 feet wide, as condemned and 
opened Key Highway Third Section under Ordinance No. 618, approved 
May 17, 1915, said point of beginning being the beginning of the parcel 
of land conveyed by Lynco, Inc. to Harbor General Partnership by deed 
dated July 20, 1984 and recorded among the Land Records of Baltimore 
Qty in Liber S.E.B. No. 259, Folio 488, and running thence binding on 
the first line of said deed, as now surveyed. South 65**44'30" East 7.42 
feet to intersect the southeast side of Lawrence Street, varying in width; 
thence binding on last said Lawrence Street, and on the second line of 
said deed, as now surveyed. North 41*'51'00" East 27.30 feet to intersect 
the southwest side of Key Highway, as now laid out 80 feet wide; 
thence binding on the southwest side of last said Key Highway, and on 
the southwest side of Key Highway, varying in width and 80 feet wide, 
and on the third, fourth and part of the fifth lines of said deed, as now 
surveyed, the two follovdng courses and distances; namely, South 
65''44'30" East 86.32 feet and by a line curving to the right with a 
radius of 360.00 feet the distance of 255.90 feet which arc is subtended 
by a chord bearing South 45*22'39" East 250.55 feet to intersect the 
southwest side of Key Highway, as realigned and widened on the 
southwest side thereof to a varying widdi; thence binding on the 
southwest and south sides of last said Key Highway, as realigned and 
widened, the four following courses and distances; namely, by a line 



266 



Ord. No. 256 



curving to the left with a radius of 340.00 feet the distance of 235.25 
feet which arc is subtended by a chord bearing North 45*55'12" West 
230.58 feet, North 65*'44'30'' West 76.53 feet, by a line curving to the 
left with a radius of 40.00 feet the distance of 45.17 feet which arc is 
subtended by a chord bearing South 81*'54'21" West 42.81 feet and 
North 64*'34'36" West 1.70 feet to intersect the southeast side of 
Lawrence Street, as realigned and widened on the southeast side 
thereof, varying in width; thence binding on the southeast side of last 
said Lawrence Street, South 41*'51'00" West 18.42 feet to intersect the 
southeast side of Lawrence Street, mentioned firstly herein, and thence 
binding on the southeast side of Lawrence Street, mentioned firstly 
herein, and on part of the last Hne of said deed to the end thereof, as 
now surveyed. North 24*'15'30" East 23.40 feet to the place of 
beginning. 



less. 



Containing 2,086.56 square feet or 0.0479 acre of land, more or 



All as shown on the plat numbered 111-D-16A. 



2) Beginning for the same at the point formed by the intersection 
of the southeast side of Key Highway, as now laid out varying in width, 
and the southwest side of Key Highway East, as now laid out 66 feet 
wide, said point of beginning also being the beginning of the fifth line 
of the first parcel of land conveyed by Fabian H. Kolker to FHK 
Properties Partnership by deed dated November 10, 1987 and recorded 
among the Land Records of Baltimore Qty in Liber S.E.B. No. 1554, 
Folio 195, and running thence binding on the southwest side of said 
Key Highway East and on part of the fifth line of the first parcel of land 
described in said deed, South 65°44'30" East 42.13 feet to intersect the 
southeast side of Key Highway, as reaHgned and widened on the 
southeast side thereof, varying in width; thence binding on the 
southeast side of last said Key Highway, varying in width, by a line 
curving to the left with a radius of 30.56 feet the distance of 73.00 feet 
which arc is subtended by a chord bearing South 45°49'15" West 56.84 
feet to intersect the northeast side of Key Highway, as now laid out 80 
feet wide; thence binding on the northeast side of last said Key Highway 
and on the southeast side of Key Highway, mentioned firstly herein and 
on pan of the third line and on the fourth line of the first parcel of land 
described in said deed, the two following courses and distances; namely, 
by a line curving to the left with a radius of 440.00 feet the distance of 
40.08 feet which arc is subtended by a chord bearing North 25°13'35'' 
West 40.07 feet and by a Une curving to the right with a radius of 15.00 



267 



Ord. No. 256 



feet the distance of 37.20 feet which arc is subtended by a chord 
bearing North 43**12'40" East 28.37 feet to the place of beginning. 



less. 



Containing 1,277.52 square feet or 0.0293 acre of land, more or 



All as shown on a plat numbered 111-D-16C. 



All courses and distances in the above descriptions are referred to 
the true meridian as adopted by the Baltimore Siuvey Control System. 

Including all property, rights, interests, easements and/or 
franchises necessary for the opening, widening, grading, construction 
and maintenance of said Key Highway, the location and course of said 
Key Highway being shown on plats thereof numbered 111-D-16A and 
111-D-16C, filed in the office of the Director of the Department of 
Public Works on the Thirteenth (13th) day of November in the year of 
1992, prepared by the Survey Control Section of the Department of 
Public Works. 

Any mention or reference to any streets, roads, avenues, highways 
or alleys in this Ordinance or on the plats referred to herein are for the 
purpose of description only, and shall not be held or taken to be any 
evidence whatever that said streets, roads, avenues, highways, alleys or 
any of them, are public, dedicated or private thoroughfares. 

SECTION 2. AND BE IT FURTHER ORDAINED, That the Director 
of the Department of Public Works or the person or persons the Board 
of Estimates of Baltimore Qty may hereafter from time to time 
designate, is or are hereby authorized to acquire on behalf of the Mayor 
and City Coimcil of Baltimore, and for the purposes described in this 
Ordinance, the fee simple interests or such other interests as the said 
Director may deem necessary or sufficient, in and to said pieces or 
parcels of land and improvements thereupon, including all property, 
rights, interests, easements and/or franchises necessary for the opening, 
widening, grading, construction and maintenance of said Key Highway. 
If the said Director of the Department of Public Works, or person or 
persons the Board of Estimates or Baltimore City may designate are 
imable to agree with the owner or owners on the purchase price of any 
of the said pieces or parcels of land and improvements thereupon or for 
any of the said properties, rights, interests, easements and/or franchises, 
they shall forthwith notify the Qty Solicitor of Baltimore Qty who shall 
thereupon institute in the name of the Mayor and Qty Coimcil of 
Baltimore the necessary legal proceedings to acquire by condemnation 



268 



Ord. No. 257 



the fee simple interests or such other rights, interests, easements and/or 
franchises as the said Director may deem necessary or sufficient for the 
purposes of said Key Highway. 

SECTION 3. AND BE IT FURTHER ORDAINED, That die 
proceedings for the acquisition by condemnation of the property and 
rights herein described and the rights of all parties interested or affected 
thereby shall be regulated by and be in accordance with the provisions 
of the Real Property Article of the Annotated Code of Maryland (1974), 
Tide 12, Section 101 Et Seq. and any and all amendments thereto. 

SECTION 4. AND BE IT FURTHER ORDAINED, That the said 
Director of the Department of Public Works or person or persons the 
Board of Estimates of Baltimore Qty may designate are also hereby 
authorized to negotiate for and to enter into the name of the Mayor and 
Qty Council of Baltimore, any and all necessary agreements with the 
Federal and State Governments, or any of their agencies, and any other 
persons, firms or corporations, in aid of, in furtherance of, or in 
connection with said Key Highway; all such acquisitions and agreements 
to be subject to the approval of the Board of Estimates. 

SECTION 5. AND BE IT FURTHER ORDAINED, That after the 
necessary agreements have been made and the necessary properties, 
lands, rights, easements and/or franchises have been acquired as 
hereinbefore provided, the Director of the Department of Public Works 
of Baltimore Qty is hereby authorized and directed to construct or 
cause to be constructed the said Key Highway, all in accordance with 
detailed plans hereafter to be prepared therefor and after said plans 
have been approved by the said Director of the Department of Public 
Works. 

SECTION 6. AND BE IT FURTHER ORDAINED, That diis 
Ordinance shall take effect from the date of its enactment. 

Approved July 8, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 257 
(CouncU BUI No. 605) 

269 



Ord. No. 257 

AN ORDINANCE concerning 

ISSUANCE OF TRANSPORTATION REVENUE BONDS 

FOR the purpose of authorizing and providing for the issuance, sale and 
delivery by the Mayor and Qty Council of Baltimore of its revenue 
bonds to be used to provide funds for the financing or refinancing 
of certain Transportation Projects (as defined herein) within the 
City of Baltimore, such revenue bonds to be designated "Mayor and 
City Council of Baltimore Transportation Revenue Bonds," in the 
aggregate principal amount not exceeding Sixty Million Dollars 
($60,000,000.00), pursuant to the provisions of Subsection (50) of 
Article II of the Charter of Baltimore Qty (1964 Revision, as 
amended), in order to use the proceeds for the public purpose of 
(a) financing in whole or in part, the construction, reconstruction, 
improvement or maintenance of Transportation Projects in the Qty 
of Baltimore, (b) refinancing, refunding, prepaying or defeasing all 
or a part of the Qt/s outstanding obligations under certain 
Participation Agreements (as defined herein) entered into with the 
Maryland Department of Transportation relating to Transportation 
Projects in the Qty of Baltimore, (c) funding capitalized interest on 
such revenue bonds to the extent deemed necessary and in 
accordance with any limitation on the period for such funding 
established by law, (d) paying the costs of issuance and all other 
related costs of such revenue bonds and (e) funding any reserve 
funds, including reserves for such revenue bonds, created by this 
Ordinance and the Board of Finance resolution; defining certain 
terms used in this Ordinance; providing that (a) such revenue 
bonds shall be payable solely and only from (i) Highway User 
Revenues (as defined herein), (ii) amounts in any reserve fund 
estabUshed by the Board of Finance for the payment of the 
principal of, premium on, if any, and interest on the revenue 
bonds, including investment earnings on any such fund (to the 
extent provided by the Board of Finance), (iii) imexpended 
proceeds of the revenue bonds, including investment earnings on 
such proceeds (to the extent provided by the Board of Finance), 
and (iv) other amounts legally available therefor, and (b) such 
revenue bonds shall not ever constitute, within the meaning of 
Section 7 of Article XI of the Constitution of Maryland or any other 
constitutional, statutory or charter provision or otherwise (i) a 
debt or general obligation of the City, the State of Maryland, or 
any other subdivision of the State of Maryland or (ii) a pledge of 
or an involvement of the faith and credit or the taxing powers of 
the City, the State of Maryland, or any other subdivision of the 



270 



Ord. No. 257 



State of Maryland; authorizing and empowering the Board of 
Finance of the Qty by resolution (a) to determine and set forth 
certain matters pertaining to the revenue bonds, including 
(without limitation) the form, terms, provisions (including 
redemption provisions and sinking fund requirements, if any), 
manner or method of issuing and selling (including negotiated as 
well as competitive bid sale), and the time or times of issuance 
and any and all other details of such revenue bonds, (b) to do any 
and all things necessary, proper or expedient in connection with 
the issuance and sale of such revenue bonds, to prepare and 
distribute preliminary and final official statements or preliminary 
and final placement memoranda or circulars in connection with the 
sale of such revenue bonds, to determine the dates, times and 
places when underwriting or placement agreements or purchase 
agreements shall be submitted by the underwriters or placement 
agents for such revenue bonds or the purchasers of such revenue 
bonds and to determine certain of the terms of such agreements, 
to determine the interest rate or rates to be paid by the Qty on 
such revenue bonds and to appoint a trustee for such revenue 
bonds, and (c) to approve the form of trust agreements between 
the Qty and the trustee, which trust agreements may (i) pledge 
and assign all or any part of the Highway User Revenues, (ii) 
contain reasonable and proper provisions for the protection and 
enforcement of the rights and remedies of the holders of such 
revenue bonds, (iii) set forth the rights and remedies of the 
holders of such revenue bonds and of the trustee and restrict the 
individual right of action by the holders of such revenue bonds, 
and (d) contain whatever other provisions are deemed reasonable 
and proper for the security of the holders of such revenue bonds; 
providing that the revenue bonds may be issued in one or more 
series as the Board of Finance by resolution may provide; 
providing for the issuance of refunding obligations; and generally 
providing for and determining various matters in connection with 
the authorization, issuance, security, sale and payment of such 
revenue bonds. 

RECITALS 

A. For convenience of reference. Mayor and Qty Council of 
Baltimore, a body corporate and politic of the State of Maryland, is 
hereinafter sometimes referred to as the "City". 

B. Subsection (50) - Revenue Bonds and Obligations, of Article 
II of the Chaner of Baltimore Qty (1964 Revision, as amended) 



271 



Ord. No. 257 



("Subsection (50)") authorizes the Qty to borrow money through the 
issuance and sale of its bonds, notes or other obligations (including 
refunding bonds, notes or other obligations) for the accomplishment of 
any of the purposes, objects and powers of the Qty. Revenue bonds, 
notes and other obligations issued pursuant to Subsection (50) shall be 
payable, as to both principal and interest, solely from and secured solely 
by (i) the revenues from or arising in connection with the property, 
facilities, developments and improvements whose financing is 
undertaken by issuance of the obligations, (ii) the revenues from or 
arising in connection with any contracts, mortgages or other securities 
purchased or otherwise acquired with the proceeds of the obligations, 
(iii) the contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of the obligations, or (iv) any combination 
of (i), (ii) or (iii). 

C. Subsection (50) further authorizes the Qty to authorize and 
empower the Commissioners of Finance of the City (pursuant to 
Resolution 13 of Mayor and City Council of Baltimore, approved by the 
Mayor on August 14, 1978, adopted by referendum on November 7, 
1978, the powers of the Commissioners of Finance were vested in the 
Board of Finance, and hereinafter "Board of Finance" shall designate the 
former Commissioners of Finance) by resolution (i) to determine and 
set forth certain matters pertaining to such bonds, notes or other 
obligations, including (without limitation) the form, terms, provisions, 
manner or method of issuing and selling (including negotiated as well 
as competitive bid sale), and the time or times of issuance and any and 
all other details of such bonds, notes, or other obligations, (ii) to do any 
and all things necessary, proper or expedient in connection with the 
issuance and sale of such bonds, notes or other obligations and (iii) to 
approve the form of a trust agreement between the Qty and the trustee, 
which trust agreement may (a) pledge or assign all or any part of the 
security for such bonds, notes or other obligations, (b) contain 
reasonable and proper provisions for the protection and enforcement of 
the rights and remedies of the holders of such bonds, notes or other 
obligations, (c) set forth the rights and remedies of the holders of such 
bonds, notes or other obligations and of the trustee and restrict the 
individual rights of action by the holders of the bonds, notes or other 
obligations and (d) contain whatever other provisions are deemed 
reasonable and proper for the secmity of the holders of such bonds, 
notes or other obligations. 

D. The City has determined to issue and sell its revenue bonds in 
an aggregate principal amount not to exceed Sixty Million Dollars 
($60,000,000.00) and to use the proceeds of the said obligations to 



272 



Ord. No. 257 



finance or refinance certain Transportation Projects within the Qty of 
Baltimore. 

E. The revenue bonds issued under this Ordinance do not 
constitute, within the meaning of Section 7 of Article XI of the 
Constitution of Maryland or any other constitutional, statutory or 
charter provision, (i) a debt or general obligation of the Qty, the State 
of Maryland or any other subdivision of the State of Maryland or (ii) a 
pledge of or an involvement of the faith and credit or the taxing powers 
of the Qty, the State of Maryland, or any other subdivision of the State 
of Maryland. The principal of and interest on the revenue bonds shall be 
payable from, and secured by, (i) the pledge and assignment of all or a 
pxDrtion (as determined by the Board of Finance) of the Highway User 
Revenues, (ii) amounts in any reserve fund established by the Board of 
Finance for payment of the principal of, premium on, if any, and 
interest on the revenue bonds including any investment earnings on any 
such fund (to the extent provided by the Board of Finance), (iii) 
unexpended proceeds of the revenue bonds, including investment 
earnings on such proceeds (to the extent provided by the Board of 
Finance) and (iv) other amounts legally available therefor. The revenue 
bonds may be additionally secured (without in any way specifying or 
limiting the terms of such additional security) by such other security as 
the Board of Finance may legally by resolution approve. 

F. The proceeds of the revenue bonds will be paid directly to, 
and will be disbursed by, the independent trustee or trustees appointed 
by the Board of Finance pursuant to this Ordinance (the "Trustee"). No 
such moneys will be either commingled with the Qt/s general funds or 
made subject to the absolute control of the Qty, except for such limited 
supervision and checks as are deemed necessary or desirable by the Qty 
to insure that the proceeds of the revenue bonds are used to accomplish 
the public purpose of this Ordinance. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That, in addition to any other terms defined 
elsewhere in this Ordinance, the following terms shall have the 
following meanings in this Ordinance: 

Tiighway User Revenues" means the funds (i) credited to the 
Gasoline and Motor Vehicle Revenue Account of the Transportation 
Trust Fund of the Department established in accordance with Subtitle 4 
of Title 8 of the Transportation Article of the Annotated Code of 
Maryland (1993 Replacement Volume), as amended, replaced or 



273 



S ^' 



Ord. No. 257 



supplemented from time to time, and (ii) distributed to the Qty in 
accordance with such Subtitle. 

"Participation Agreements" means Participation Agreements 
between the Maryland Department of Transportation and the Qty 
relating to the issuance by the Department of coimty transportation 
bonds pursuant to Subtitle 3 of Tide 3 of the Transportation Article, the 
proceeds of which have been used and applied to finance Transportation 
Projects within the Qty of Baltimore. 

"Transportation Projects" means: 

(1) the construction, reconstruction, or maintenance of 
the Qt/s highways and streets; 

(2) costs incurred by the Qty police department for 
carrying out traffic functions and enforcing the traffic laws; 

(3) other highway related activities for: 

(i) lighting Qty highways; 

(ii) stormwater drainage of Qty highways; 

(iii) cleaning Qty streets, but not including the 
cost of collection of garbage, trash, and 
refuse; 

(4) the cost of transportation facilities within the Qty 
of Baltimore, as defined in Section 3-101 of the Transportation Article 
of the Annotated Code of Maryland (1993 Replacement Volim[ie), as 
amended, replaced or supplemented from time to time; 

(5) through fiscal year 1997, students' costs of 
discounted Mass Transit Administration fares for eligible public school 
students in the Qty; and 

(6) any transportation projects within the Qty of 
Baltimore authorized imder Subtitle 3 of Title 3 of the Transportation 
Article of the Annotated Code of Maryland (1993 Replacement Volume), 
as amended, replaced or supplemented from time to time. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the issuance, 
sale and delivery of revenue bonds in an amount not exceeding Sixty 



274 



Ord. No. 257 



Million Dollars ($60,000,000.00) aggregate principal amount of revenue 
bonds, hereby designated "Transportation Revenue Bonds," are hereby 
authorized, subject to the provisions of this Ordinance, for the general 
public purposes of financing or refinancing certain Transpxjrtation 
Projects in the Qty of Baltimore. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the net proceeds 
from the sale of revenue bonds, authorized to be issued and sold by this 
Ordinance, shall be used and applied for the public purposes of (i) 
financing, in whole or in part, the cost of the Transportation Projects, 
(ii) refinancing, refunding, prepaying or defeasing, in whole or in part, 
the Qt/s obligations under the Participation Agreements, (iii) paying 
the costs of issuance and sale of the revenue bonds, including (without 
limitation) costs of printing the revenue bonds, the official statement 
and other legal documents, costs of delivery of the revenue bonds, 
commitment fees, legal fees, accounting fees, fees and expenses of the 
Trustee, underwriting costs, advertising costs, costs of rating agency 
reviews, credit enhancement fees (including bond insurance premiums 
and letter of credit fees) and all other incidental related expenses, (iv) 
funding capitalized interest on any series of revenue bonds to the extent 
deemed necessary and in accordance vydth any limitation on the period 
for such funding established by law, and (v) (to the extent provided by 
resolution of the Board of Finance adopted pursuant to this Ordinance) 
to fund a debt service reserve or other reserve funds for the revenue 
bonds. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the revenue bonds 
shall be solely and exclusively payable from the (i) Highway User 
Revenues, (ii) amounts in any reserve fund established by the Board of 
Finance for payment of the principal of, premium on, if any, and 
interest on the revenue bonds, including any investment earnings on 
any such fund (to the extent provided by the Board of Finance), (iii) 
unexpended proceeds of the revenue bonds, including investment 
earnings on such proceeds (to the extent provided by the Board of 
Finance) and (iv) other amounts legally available therefor. Additionally, 
the Board of Finance may authorize additional security for the revenue 
bonds by (i) insuring the revenue bonds through public or private bond 
insurance provided by one or more public or private bond insurers 
selected by the Board of Finance, or through one or more letters of 
credit, lines of credit or standby bond purchase agreements issued or 
entered into by one or more banks or financial institutions selected by 
the Board of Finance; or (ii) such other security as the Board of Finance 
may approve; or (iii) any combination of (i) and (ii). 



275 



Ord. No. 257 



SEC. 5. AND BE IT FURTHER ORDAINED, That the Qty hereby 
authorizes the Board of Finance, unless the Qty shall otherwise 
prescribe prior to the issuance and delivery of the revenue bonds, by 
resolution to take the following actions and to make the following 
commitments on behalf of the Qty: 

(1) to establish and maintain, pursuant to a trust agreement 
or otherwise, a fund into which Highway User Revenues shall be paid 
and from which money shall be disbursed in accordance with this 
Ordinance, the Board of Finance resolution adopted pursuant to this 
Ordinance and any trust indentures or other agreement approved by the 
Board of Finance pursuant to this Ordinance; 

(2) to determine and set forth the form, terms, provisions 

r ; (including redemption provisions and sinking fund requirements, if 

fj f any), manner or method of issuing and selling (including negotiated or 

fi i competitive bid sale) and the time or times of issuance, selection of the 

1 1 imderwriters or placement agents, and any and all other details of the 

J ^ revenue bonds; 

^•. 

C r (3) to prepare and distribute, in conjunction with the 

J -^ prospective underwriters or placement agents, if any, for the revenue 

> ; bonds, preliminary and final official statements or placement 

^ ^ memoranda or circulars as the Board of Finance deems necessary and 

^ -i^; appropriate in connection with the sale of the revenue bonds; 

(4) to determine the dates, times and places when an 
underwriting or placement agreement or purchase contract shall be 
submitted by the imderwriters or placement agents for the revenue 
bonds or purchasers of the revenue bonds, such underwriting or 
placement agreement or purchase contract to specify the interest rate or 
rates proposed to be paid on the revenue bonds, the price at which such 
revenue bonds are to be sold to such imderwriters, the placement 
agents or purchasers as the Board of Finance may deem necessary or 
desirable in order to effect the sale and deUvery of the revenue bonds; 

(5) to prescribe the principal amount, rate or rates of 
interest, denomination or denominations, date, maturity or maturities 
for the revenue bonds; 

(6) to appoint, as the Board of Finance deems necessary and 
appropriate, a bank having trust powers, or a trust company, as trustee 
for the revenue bonds to be issued pursuant to this Ordinance; and 



276 



Ord. No. 257 



(7) to approve the form of trust agreement between the Qty 
and the Trustee, which trust agreement may (i) pledge and assign all or 
any part of the Highway User Revenues, (ii) contain reasonable and 
proper provisions for the protection and enforcement of the rights and 
remedies of the bondholders, (iii) set forth the rights and remedies of 
the bondholders and the Trustee and may restrict the individual right of 
action by the bondholders, (iv) permit the assignment of the Qt/s 
obligations under the trust agreement and the Highway User Revenues 
as is in the public interest, and (v) contain whatever other provisions 
are deemed reasonable and proper for the security of the bondholders; 
and 

(8) to perform any and all actions necessary or deemed 
appropriate by such Board in order to effect the issuance, sale and 
delivery of the revenue bonds in accordance with and pursuant to this 
Ordinance and the underwriting or placement agreements or purchase 
contracts for the revenue bonds. 

SEC. 6. AND BE IT FURTHER ORDAINED, That, prior to the sale 
of the revenue bonds, the Board of Finance, unless the Qty shall 
otherwise prescribe, may determine by resolution: 

(1) the provisions of the trust agreement between the Qty 
and the Trustee; 

(2) the manner of execution, authentication, registration 
and transfer of the revenue bonds; 

(3) provisions for authentication and delivery of the revenue 
bonds; 

(4) the terms of the private insurance, public insurance or 
other security for the revenue bonds, if any; 

(5) provisions for creation, holding and disbursement of a 
construction fund to be held by the Trustee or otherwise held in 
connection with the revenue bonds; 

(6) provisions for creation, holding and disbursement of any 
other funds and accounts to be held by the Trustee; 

(7) provisions for the security for and investment of moneys 
and securities held by the Trustee; 



277 



Ord. No. 257 



(8) the details of the procedure for the redemption of the 
revenue bonds; 

(9) remedies for bondholders in the event of default; 

(10) the duties, rights and immimities of the Trustee; 

(11) the manner of execution of instruments by bondholders 
and the method of proof of ownership of the revenue bonds; 

(12) provisions for modification of this Ordinance; 

(13) provisions for defeasance of the revenue bonds; 

r £ (14) the forms of the revenue bonds, and the Trustee's 

S r authentication certificate; and 

iti •-. 

t * (15) such other matters in connection with the transactions 

J contemplated herein as may be deemed appropriate by the Board of 

y ^ Finance. 

r ;. 

^ J Any resolution or resolutions adopted pursuant to this 

J " Ordinance shall be deemed to be of an administrative natiure. 

'^' I SEC. 7. AND BE IT FURTHER ORDAINED, That the Board of 

Finance is hereby authorized to refund or advance refund the revenue 
bonds, at any time or from time to time, through the issuance of 
refunding bonds, refunding notes or other refunding obligations, as the 
case may be. Refunding obligations shall be issued pursuant to one or 
more resolutions adopted by the Board of Finance, which resolution(s) 
shall specify (i) the terms and conditions upon which the refunding 
obligations will be issued, (ii) the plan or method by which the revenue 
bonds will be refunded, and (iii) such other matters as the Board of 
Finance shall deem necessary or advisable to determine by resolution 
including, but not limited to, the powers enumerated in Sections 5 and 
6 herein pertaining to the revenue bonds. It is hereby expressly 
provided that the issuance of refunding obligations hereunder shall not 
be subject to any dollar limitations set forth in this Ordinance; provided, 
however, that the proceeds of such refunding obligations shall be used 
solely to refund the revenue bonds and pay costs associated therewith 
(including, without limitation, the costs of issuing such refunding 
obhgations). 



278 



Ord. No. 257 



SEC. 8. AND BE IT FURTHER ORDAINED, That the Board of 
Finance is hereby authorized and empowered to adopt one or more 
resolutions from time to time, either before or after the issuance, sale 
and delivery of the revenue bonds and Refunding Obligations, to 
supplement the resolution or resolutions referred to in the provisions of 
Sections 5, 6 and 7 hereof, and thereby approve amendments or 
supplements to or substitutes for the forms and provisions of the 
revenue bonds, the refunding obligations, any trust agreement or similar 
agreements and all other documents approved by such resolution or 
resolutions, provided that each supplemental resolution and each 
amendment, supplement or substitute shall be in accordance with the 
provisions of this Ordinance and the documents executed in connection 
with the revenue bonds and the refunding obligations and then in 
effect. 

SEC. 9. AND BE IT FURTHER ORDAINED, That the Board of 
Finance may approve the issuance of and that the revenue bonds and 
refunding obligations may be issued in one or more series from time to 
time as the Board of Finance by resolution, adopted pursuant to this 
Ordinance, deems necessary or appropriate. 

SEC. 10. AND BE IT FURTHER ORDAINED, That, although this 
Ordinance provides for, and the Board of Finance by resolution may 
provide for, a pledge of Highway User Revenues with respect to the 
revenue bonds and refunding obUgations, nothing in this Ordinance 
shall be deemed to preclude a pledge, with respect to the revenue bonds 
and refunding obligations, of revenues of and amounts held in other 
funds, accounts, facilities or arrangements if authorized by applicable 
law. 

SEC. 11. AND BE IT FURTHER ORDAINED, That, if any action on 
any matter delegated to the Board of Finance, or authorized for 
implementation by the Board of Finance shall not be acted upon by the 
Board of Finance, such actions and matters may be acted upon or 
implemented by a resolution, approved by the Qty Council of the Qty, 
which is subsequendy approved by the Mayor or acting Mayor of the 
Qty. 

SEC. 12. AND BE IT FURTHER ORDAINED, That die provisions of 
this Ordinance are severable, and if any provision, sentence, clause, 
section or part thereof is held illegal, invalid unconstitutional or 
inapplicable to any person or circumstances, such illegality, invahdity or 
unconstitutionality, or inapplicability shall not affect or impair any of 
the remaining provisions, sentences, clauses, sections, or parts of this 



279 



Ord. No. 258 



Ordinance or its application to other persons or circumstances. It is 
hereby declared to be the legislative intent that this Ordinance would 
have been adopted if such illegal, invalid or unconstitutional provision, 
sentence, clause, section or part had not been included therein, and if 
the person or circumstances to which this Ordinance or any part thereof 
is inapplicable had been specifically exempted therefrom. 

SEC. 13. AND BE IT FURTHER ORDAINED, That in the 
construction of this Ordinance the singular number shall include the 
plural number and the plural the singular. 

SEC. 14. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved July 8, 1993 

KURT L. SCHMOKE, Mayor 



J CITY OF BALTIMORE 

r - ORDINANCE NO. 258 

7 ' (Council Bill No. 420) 

J Z 

'^' r, AN ORDINANCE concerning 

ADULT ENTERTAINMENT BUSINESSES 

FOR the purpose of deleting Qass B book stores and peep show 

establishments from the list of conditional uses in the B-4 District 
and adding them to the list of conditional uses requiring an 
ordinance in the B-5 District; adding p e ep chow e stablishm e nts 
aad- adult entertainment businesses to the list of conditional uses 
requiring an ordinance in the B-5 District; imposing certain 
location restrictions on these uses; imposing conditions upon the 
operation of adult entertainment businesses; requiring the issuance 
of annual permits for the conduct of such businesses; creating an 
Adult Entertainment Business Commission Advisory Task Force ; 
defining adult entertainment business; and providing penalties. 

BY adding 

Article 30 - Zoning 



280 



Ord. No. 258 



Sections 6.5 Ic 7 6.5-ld-ll. 6.5-ld-12. 6.5-ld-13. 6.5-2c, 8.0-61-1, 
8.0-61-2, 10.0-3b-7, 11.0-3c-3, 11.0-3d-3(k), 11.0-3e-2(j), 
11.0-8, 13.0-2-3a 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

BY repealing and reordaining with amendments 
Article 30 - Zoning 
Sections 6.5-lc-l, 6.5-lc-4 
Baltimore Qty Code (1983 Replacement Volume, as amended) 

BY repealing 

Article 30 - Zoning 

Section 6.4-lc-l. 6.5-lc-l, 6.5-lc-4 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

WHEREAS, There are in the Qty of Baltimore certain adult 
entertainment businesses that require special supervision and regulation 
in order to protect the health, safety, and welfare of the customers of 
the businesses and the citizens of the Qty of Baltimore; and 

WHEREAS, The Mayor and Qty Council of Baltimore finds that 
these adult entertainment businesses are frequentiy used for unlawful 
sexual activities which can result in sexually transmitted diseases that 
threaten the health and, in the case of the AIDS virus, the lives of 
citizens; and 

WHEREAS, A reasonable permitting scheme is a valid and 
legitimate means of insuring that operators of adult entertainment 
businesses do not allow their establishments to be used as places ©f 
ill e gal s e xual activity^ or Bolicitation detrimental to the health and 
welfare of the citizens of the Qty of Baltimore : and 

WHEREAS, There is documented evidence that adult entertainment 
businesses, because of their very nature, have a deleterious effect on 
nearby businesses and surrounding residential areas, causing increased 
crime in general, and in particular, the illegal distribution, possession 
and administration of controlled dangerous substances as defined in 
Article 27 of the Annotated Code of Maryland, and thereby lowering 
property values; and 

WHEREAS, There is also evidence that adult entertainment 
businesses located in close proximity to each other contribute to 



281 



Ord. No. 258 



neighborhood and business community blight and lessen the quality of 
life in the area; and 

WHEREAS, The Mayor and Qty Coimcil of Baltimore desires to 
minimize and control these adverse effects; and 

WHEREAS, The Mayor and Qty Coimcil of Baltimore also desires 
to protect the citizens of the Qty of Baltimore from increased crime, to 
preserve the quality of life in the Qty, and to preserve the property 
values and character of neighborhoods and business communities; and 

WHEREAS, It is not the intent of this act to suppress any speech 
protected under the First Amendment to the United States Constitution, 
but to enact a content-neutral law that addresses the adverse secondary 
effects of adult entertainment businesses and to permit them to 
continue in areas where they have traditionally been located; and 

WHEREAS, It is the intent of the Mayor and Qty Covmcil of 
Baltimore through this act to protect the health, safety, and welfare of 
the citizens of Baltimore Qty; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore City Code 
(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 30 - ZONING 

Chapter 6 - Business Districts 

6.4 B-4 Central Business District. 

1. Use regulations. 

c. Conditional uses. 

[1. Book and magazine stores and similar establishments 
(Qass B)] 

6.5 B-5 Central Commercial District. 

1. Use regulations. 

c. Conditional uses. 

n. Book and magazine stores and similar establishments 
CQass B)1 



282 



Ord. No. 258 



[4. Peep show establishmentsi 

d. Notwithstanding other provisions of this ordinance, the 
following uses as conditional uses shall require authorization by 
ordinance of the Mayor and Gty Council subject to the requirements 
and provisions of Section 11.0-6d: 

4 11. Book and magazine store and similar 
establishments (Qass B) - LOCATED AT LEAST $00 300 
FEET FROM ANOTHER BOOK AND MAGAZINE STORE 
AND SIMILAR ESTABUSHMENT (CLASS B), ADULT 
ENTERTAINMENT BUSINESS, OR PEEP SHOW 
ESTABUSHMENT. 

4 12. Peep show establishments - LOCATED AT LEAST 
500 300 FEET FROM ANOTHER PEEP SHOW 
ESTABUSHMENT, ADULT ENTERTAINMENT 
BUSINESS, OR BOOK AND MAGAZINE STORE AND 
SIMILAR ESTABUSHMENT (CLASS B). 

7 13. ADULT ENTERTAINMENT BUSINESSES - 
LOCATED AT LEAST §00 300 FEET FROM ANOTHER 
ADULT ENTERTAINMENT BUSINESS. 

2. Bulk regulations. 

C. NO INDIVIDUAL ADULT ENTERTAINMENT BUSINESS 
SHALL OQQJm UTIUZE FOR USE AS ADULT ENTERTAINMENT A 
TOTAL FLOOR AREA OF MORE THAN 3,000 SQUARE FEET IN THE 
PREMISES IN WHICH SUCH BUSI^JESS IS CQ^JDUCTED . 

Chapter 8 - Non-Conformance 

8.0-6 Non-conforming status of certain uses. 

L.-4t any adult ENTERTAINMENT BUSINESS EXISTING ON 
THE EFFECTIVE DATE OF THIS SUB-SECTION SHALL BE CONSIDERED 
A NON-CONFORMING USE AND SUBJECT TO ALL CLASS III 
REGULATIONS UNTIL THE BUSI^JESS QBTxM>JS A CONDmONAL USE 
PERMIT . 

L. 3. A>nr ADULT E^JTERTAI^JME^JT BUSI^JESS EXISTI^JG ON 
THE EFFECTIVE DATE OF THIS QRDI>Ji A J>JCE, LOCATED W A>JY 
DISTRICT, SHALL BE DISCQNTI^R;ED A^JD CEASE UPON THE 



283 



Ord. No. 258 



EFFECTIVE DATE OF THE DENIAL OR REVOCATION OF AhJY PERMIT 
ISSUED OR TO BE ISSUED PURSUANT TO THIS ARTICLE. 

Chapter 10 - Sign Regulations 

10.0-3 Signs in Business and Industrial Districts. 

b. The following types of signs, subject to the limitations 
prescribed for them, shall be permitted for uses authorized as principal 
or conditional uses in Business and Industrial Districts: 

7. SPECLU STANDARDS FOR ADULT ENTERTAINMENT 

BUSINESSES, INCLUDING PEEP SHOWS, AND CLASS B 
BOOKSTORES: 

C;: 

S r (A) NO MOVING, FLASHING, OR BLINKINGr 

j I ANIMATED OR NEON LIGHTS OF ANY KIND. OR NEON 

^ ^ LIGHTS THAT DEPICT ADULT ENTERTAINMENT . 

h 

% - (B) NO POSTERS, PHOTOGRAPHS, SKETCHES, 

r ;; PAINTED OR LAMINATED SIGNS OR SIMILAR 

\ I MATEIUALS ON THE EXTERIOR OF THE BUILDING OR 

\ ': DISPLAYED IN WINDOWS THAT DEPICT OR 

\ \ ILLUSTRATE ADULT ENTERTAINMENT . 

(/I "' 

(Q NO SIGN MAY PROJECT MORE THAN 12 INCHES 
BEYOND THE PRIMARY SURFACE OF ANY BUILDING. 

(D) NO FREE STANDING SIGNS ON OR ADJACENT TO 
THE PREMISES MAY IDENTIFY OR ADVERTISE AN 
ADULT ENTERTAINMENT BUSINESS. 

(E) NO AW>JING SHALL BE PERMHTED DvJ FRONT OF 
ANY PREMISES. 

Chapter 11 - Administration and Enforcement 

11.0-3 The Board of Municipal and Zoning Appeals. 



C-3. CONDITIONAL USES. ADULT ENTERTAINMENT 
BUSINESSES. 



284 



Ord. No. 258 



THE BOARD, PRIOR TO GRANTING A CONDITIONAL USE 
SHALL: 

1. INVESTIGATE THE DISTANCE BETWEEN THE 
PROPOSED USE AND EXISTING ADULT 
ENTERTAINMENT BUSINESSES IN THE AREA TO 
DETERMINE IF THERE WILL BE A NEGATIVE IMPACT 
ON THE COMMUNITY; 

2. CONSIDER THE RELATIONSHIP OF THE PROPOSED 
USE TO RESIDENCES, EDUCATIONAL INSTITUTIONS 
(INCLUDING COLLEGES AND UNIVERSITIES) AND 
RELIGIOUS INSTITUTIONS, WITHIN 500 300 FEET, 
AND DETERMINE THAT THE ADULT USE WILL NOT 
IMPAIR PUBLIC SAFETY OR THE GENERAL WELFARE; 
AND 

3. REVIEW THE WRITTEN APPLICATION AND ALL 
ATTACHED DOCUMENTS. 

d. Special exceptions. 

3. Authorized special exceptions. Special exceptions from the 
regulations of this ordinance shall be in accordance with the 
standards established in Section 11.0-5B of this chapter, and 
may be granted by the Board only in the following instances, 
and in no others: 

(K) TO AUTHORIZE IN THE B-5 DISTRICT ONLY A 50 
PERCENT REDUCTION IN THE 500 300 FOOT 
DISTANCE AND SEPARATION REQUIREMENT 
BETWEEN ADULT ENTERTAINMENT BUSINESSES, 
BOOK AND MAGAZINE STORES AND SIMILAR 
ESTABUSHMENTS (CLASS B) OR PEEP SHOW 
ESTABUSHMENTS. 

e. Variances. 

2. Authorized variances. Variances from the regulations of 
this ordinance shall be in accordance with the standards established in 
Section ll.O-Sc of this chapter, and may be granted by the Board only 
in the following instances, and in no others: 



285 



Ord. No. 258 



(J) TO AUTHORIZE IN THE B-5 DISTRICT ONLY A 50 
PERCENT REDUCTION IN THE 50© 300 FOOT 
DISTANCE AND SEPARATION REQUIREMENT 
BETWEEN ADULT ENTERTAINMENT BUSINESSES, 
BOOK AND MAGAZINE STORES AND SIMILAR 
ESTABUSHMENTS (CLASS B) OR PEEP SHOW 
ESTABUSHMENTS. 

11.0-8 ADULT ENTERTAINMENT BUSINESSES. 

A. PERMIT REQUIRED. 

NO PERSON SHALL CONDUCT OR OPERATE AN ADULT 

c ENTERTAINMENT BUSINESS WITHOUT HAVING FIRST OBTAINED A 
r - PERMIT AS HEREINAFTER PROVIDED. 

^ I B. APPLICATION FOR PERMIT. 

'it' 

1 1. THE OWNER AND OPERATOR OF EVERY ADULT 
% - ENTERTAINMENT BUSINESS SHALL JOINTLY MAKE 
r ;: APPLICATION TO THE COMMISSIONER OF THE 

I J DEPARTMENT OF HOUSING AND COMMUNITY 

I I DEVELOPMENT FOR A PERMIT FOR THE CONDUCT OF AN 
J? ADULT ENTERTAINMENT BUSINESS. THE APPLICATION 

'^' J SHALL BE MADE ON A FORM TO BE FURNISHED BY THE 

COMMISSIONER. APPLICATION FOR A PERMIT FOR AN 
ADULT ENTERTAINMENT BUSINESS EXISTING ON THE 
EFFECTIVE DATE OF THIS ORDINANCE SHALL BE MADE 
WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS 
ORDINANC E. SHALL BE ISSUED UPON PAYMENT OF FEES. 
AND SHALL EXPIRE ON JUNE 30, 1995 . AN APPLICATION 
FOR A PERMIT FOR A NEW ADULT ENTERTAINMENT 
BUSINESS CONDITIONED ON THE GRANTING OF A 
CONDITIONAL USE SHALL BE MADE ON OR PRIOR TO THE 
DATE OF FILING THE APPLICATION FOR A CONDITIONAL 
USE. THE PERMIT SHALL NOT BECOME EFFECTIVE UNTIL 
A CONDITIONAL USE HAS BEEN GRANTED AND ANY 
RIGHT OF APPEAL CONTESTING THE GRANT OF THE 
CONDITIONAL USE HAS BEEN EXHAUSTED. 



L 



2. EXCEPT AS PROVIDED IN SECTION 11.0-8B-1 ABOVE, 
THE COMMISSIONER, BEFORE GRANTING ANY ADULT 
ENTERTAINMENT BUSINESS PERMIT, SHALL INVESTIGATE 
THE CHARACTER AND QUALIFICATIONS OF THE 



286 



Ord. No. 258 



APPLICANTS THEREFOR. NO PERMIT SHALL BE ISSUED 
TO ANY PERSON TO CONDUCT OR OPERATE AN ADULT 
ENTERTAINMENT BUSINESS UNLESS SUCH PERSON IS OF 
ASCERTAINED GOOD MORAL CHARACTER. IN MAKING 
SUCH DETERMINATION, THE COMMISSIONER SHALL 
CONSIDER (1) ALL CRIMINAL CONVICTIONS OF THE 
APPLICANT, THE REASONS THEREFOR AND THE 
SUBSEQUENT DEMEANOR OF THE APPLICANT TO HIS 
RELEASE, (2) THE BUSINESS HISTORY OF THE APPLICANT, 
AND (3) SUCH OTHER FACTS RELEVANT TO THE GENERAL 
PERSONAL HISTORY OF THE APPLICANT AS THE 
COMMISSIONER SHALL FIND NECESSARY TO A FAIR 
DETERMINATION OF THE CHARACTER AND 
QUALIFICATIONS OF THE APPLICANT. WHEN 
APPUCATION FOR A PERMIT IS MADE BY OR ON BEHALF 
OF A CORPORATION, PARTNERSHIP OR ASSOCL\TION, 
THE APPLICATION SHALL BE MADE BY THE MANAGER, 
OFFICER, AGENT OR OTHER PERSON WHO WILL HAVE 
CHARGE AND MANAGEMENT OF THE ADULT 
ENTERTAINMENT BUSINESS, AND ALL INFORl^lATION 
REQUESTED SHALL BE FURNISHED FOR THAT PERSON 
AND THE DETERMINATION OF THE COMMISSIONER 
SHALL BE BASED ON THE ELIGIBILITY OF THAT PERSON. 

3. EACH PERMIT SHALL EXPIRE ON JUNE 30 AFTER THE 
DATE OF ISSUANCE AND SHALL BE RENEWABLE 
ANNUALLY ON JULY 1 UPON APPLICATION TO AND 
APPROVAL BY THE COMMISSIONER. 

4. THERE SHALL BE A 60-DAY WATTING PERIOD BETWEEN 
THE DAY OF THE RECEIPT OF THE INTHAL APPLICATION 
AND THE DATE OF THE ISSUANCE OF THE INTHAL 
PERMTT. 

5. DURING THE 60-DAY WATTING PERIOD AND BEFORE 
THE ISSUANCE OF AN INTHAL PERMTT, EACH APPLICANT 
FOR A PERMTT SHALL POST THE PROPOSED LOCATION 
FOR 15 DAYS . IN ACCORDANCE WTTH THE RULES OF THE 
BOARD OF MUNICIPAL AND ZONING APPEALS . IF, WITHIN 
THE 15 DAY POSTING PERIOD, NO MORE THAN 9 
WRTTTEN OBJECTIONS TO THE ISSUANCE OF A LOCATION 
PERMTT ARE RECEIVED BY THE DEPARTMENT OF 
HOUSING AND COMMUNTTY DEVELOPMENT FROM 
PERSONS WTTHIN THE SAME ELECTION PRECINCT AS THE 



287 



Ord. No. 258 



PREMISES DESCRIBED IN THE APPLICATION, THEN THE 
PERMIT MAY BE ISSUED. IF 10 SUCH WRITTEN 
OBJECTIONS ARE RECEIVED BY THE DEPARTMENT, THEN 
THE DEPARTMENT SHALL REFER THE MATTER TO THE 
BOARD OF MUNICIPAL AND ZONING APPEALS FOR A 
HEARING. THE BOARD SHALL HOLD A PUBLIC HEARING 
IN RELATION TO THE ISSUANCE OF THE PERMIT, AT 
WHICH PARTIES IN INTEREST SHALL HAVE AN 
OPPORTUNITY TO BE HEARD. DENL\L OF A PERMIT 
SHALL BE IN WRITING, WITH SPECIFIC REASONS GIVEN 
FOR THE DENLU. IF THE BOARD DETERMINES THAT 
THERE ARE SUFFICIENT GROUNDS FOR THE DENIAL OF A 
PERMIT, THEN THE APPLICANT MAY NOT REAPPLY FOR A 
oc PERMIT FOR AT LEAST 12 MONTHS. POSTING SHALL NOT 

r ~ BE REQUIRED FOR THE RENEWAL OF A PERMIT. 

^l 6. ALL PROPOSED RULES AND FORMS TO BE REQUIRED IN 

t5 THIS LICENSING PROCESS SHALL BE ADVERTISED FOR 

I PUBLIC HEARING AND COMMENT BY THE COMMISSIONER. 
T^ THE ADVERTISEMENT SHALL INCLUDE THE LANGUAGE 

C22 CONTAINED IN THE PROPOSED RULES AND FORMS, THE 

II DATE, TIME AND LOCATION OF THE PUBLIC HEARING. 
>£ AND SHALL BE ADVERTISED IN A NEWSPAPER OF 
5^' GENERAL CIRCULATION. THE ADVERTISEMENT SHALL BE 

PUBLISHED AT LEAST FIFTEEN (15) DAYS PRIOR TO THE 
HEARING. THE FINAL RULES AND FORMS SHALL NOT BE 
ADOPTED BY THE COMMISSIONER PRIOR TO FIFTEEN (15) 
DAYS AFTER THE PUBLIC HEARING. 

C. SPECLU CONDITIONS APPLICABLE TO ADULT 
ENTERTAINMENT BUSINESS PERMITS: 

(1) HOURS OF OPERATION. NO LIVE ADULT 
ENTERTAINMENT BUSINESS SHALL BE OPEN FOR 
BUSINESS CONDUCTED BETWEEN THE HOURS OF 2 A.M. 
AND 6 P.M. , UNLESS THE MARYLAND GENERAL ASSEMBLY 
EXTENDS THE HOURS OF OPERATION. IN WHICH CASE 
THAT TIME OF CLOSURE SHALL BE APPLICABLE. 

(2) ENTRANCES AND EXTERIORS OF PREMISES. 

(A) THE EXTERIOR ENTRANCE DOORS SHALL BE 
KEPT CLOSED AND ONLY OPENED TO PERMIT EMPLOYEES AND 
PATRONS TO ENTER AND LEAVE THE PPtEMISES ENTRY AND EXIT, 






L 



288 



Ord. No. 258 



TO THE END THAT ADULT ENTERTAINMENT ACTIVmES ARE NOT 
VISIBLE FROM THE EXTERIOR OF THE BUILDING. 

(B) THE CONDUCT OF THE ADULT ENTERTAINMENT 
BUSINESS SHALL AT NO TIME BE VISIBLE FROM THE EXTERIOR OF 
THE PREMISES IN WHICH IT IS CONDUCTED. 

(Q SQUCITATIQN OF PATRONS ANY ATTEMPT TO 
URGE, INVITE OR ENTICE PUBLIC PATRONS TO ENTER THE 
PREMISES SHALL NOT BE PERMITTED ON THE SIDEWALKS OR 
STREETS IN FRONT OF OR WITHIN 50 FEET OF THE PREMISES. 

(D) ON AND AFTER JULY 1, 1994, THE PREMISES OF 
EACH ADULT ENTERTAINMENT BUSINESS SHALL HAVE A VESTIBULE 
OR LOBBY ENCLOSED BY IMMOBILE WALLS AND CONSISTING OF A 
PASSAGE, HALL OR ROOM BETWEEN THE OUTER DOOR FACING THE 
STREET AND THE PART OF THE PREMISES WHERE THE ADULT 
ENTERTAINMENT BUSINESS IS CONDUCTED. 

D. TEMPORARY PERMITS. 

UPON APPLICATION, THE COMMISSIONER MAY SHALL ISSUE A 
TEMPORARY ADULT ENTERTAINMENT BUSINESS PERMIT TO ANY 
APPUCANT WHO WAS, UPON THE EFFECTIVE DATE OF THIS 
SUBTITLE, THE OWNER AND THE OPERATOR OF SUCH AN 
ESTABUSHMENT IN BALTIMORE CITY, PENDING REVIEW AND 
INVESTIGATION OF THE APPLICATION SUBMITTED. A TEMPORARY 
PERMIT SHALL REMAIN IN EFFECT FOR A PERIOD OF 30 DAYS OR 
UNTIL ISSUANCE OF THE PERMANENT PERMIT. IF THE 
APPUCATION FOR THE PERMANENT PERMIT IS DENIED, THE 
TEMPORARY PERMIT SHALL IMMEDL^TELY EXPIRE AND SHALL BE 
OF NO FURTHER FORCE OR EFFECT. 

E. PERMIT FEES. 

1. THE ANNUAL PERMIT FEE SHALL BE $1,500 $1,000 PER 
YEAR FOR EACH ADULT ENTERTAINMENT BUSINESS, 
PAYABLE ON OR BEFORE JUNE 30 OF EACH YEAR. THE 
INHTAL ANNUAL PERMIT FEE SHALL BE PRORATED AT 
THE RATE OF U2^ $80 FOR EVERY MONTH. 

2. THE FEE FOR A TEMPORARY PERMIT SHALL BE $^QQ 
$100. 



289 



Ord. No. 258 

F. RENEWAL PERMITS. 

ANY PERSON ISSUED A PERMIT UNDER THIS SECTION 
MAY APPLY FOR A RENEWAL OF THE PERMIT ON A FORM PROVIDED 
BY THE COMMISSIONER OF THE DEPARTMENT OF HOUSING AND 
COMMUNITY DEVELOPMENT NOT LESS THAN 30 DAYS NOR MORE 
THAN 60 DAYS BEFORE EXPIRATION OF THE PERMIT. 

1. THE PERMIT RENEWAL APPLICATION FORM SHALL 
CONTAIN SUCH INFORMATION AS THE COMMISSIONER 
SHALL REQUIRE. 

2. UPON FILING THE PERMIT RENEWAL APPLICATION AND 
UPON PAYMENT OF THE PERMIT RENEWAL FEE OF $1500 
$1000 EXCEPT AS PROVIDED IN SUBSECTION 11.0-8G 
BELOW, THE COMMISSIONER SHALL APPROVE THE 
PERMIT RENEWAL APPLICATION OF THE APPLICANT 
UNLESS 10 OR MORE WRITTEN OBJECTIONS FROM 
PERSONS PROPERTY OWNERS OR RESIDENTS WITHIN THE 
SAME ELECTION PRECINCT AS THE PREMISES DESCRIBED 
IN THE APPLICATION ARE FILED WITH THE BOARD NOT 
LATER THAN 30 DAYS BEFORE THE EXPIRATION OF THE 
PERMIT. 

3. IF 10 OR MORE OBJECTIONS FROM PERSONS WITHDvf 
THE SAME ELECTION PRECINCT AS THE PREMISES 
DESCRIBED IN THE APPLICATION ARE RECEIVED BY THE 
BOARD, THE BOARD SHALL NOTIFY THE APPLICA>rr AND 
SHALL HOLD A HEARING TO DETERMINE IF THE PERMIT 
SHALL BE RE^JEWED. 

G. THE BOARD COMMISSIONER MAY DENY A PERMIT OR A 
PERMIT RENEWAL OR SUSPEND A PERMIT FOR NOT LESS THAN 30 
DAYS OR MORE THAN 90 DAYS FOR ANY OF THE FOLLOWING 
CAUSES: 

1. FAILURE TO MAKE TIMELY APPLICATION FOR A PERMIT. 

2. FAILURE TO PAY THE APPLICABLE PERMIT FEE ON OR 
BEFORE THE DUE DATE. 

3. FAILURE TO COMPLY WITH ANY PROVISION OF THIS 
SECTION OR ANY RULE OR REGULATION THAT MAY BE 
ADOPTED PURSUANT TO THIS SECTION. 



290 



Ord. No. 258 



4. THE MAKING OF ANY MATERIAL FALSE STATEMENT IN 
ANY INHTAL OR RENEWAL APPLICATION FOR A PERMIT. 

5. ADJUDICATION. WITH REASONABLE TIME TO CURE, 
ANY V IOLATION OF ANY PROVISION OF THE FIRE, 
HEALTH, BUILDING OR ZONING CODES OF BALTIMORE 
CITY OR ANY OTHER ORDINANCES, RULES AND 
REGULATIONS OF THE CITY. 

6. LACK OF ACCESSIBILITY FOR FIRE AND POUCE 
PROTECTION. 

7. LACK OF ACCESSIBILITY OF LIGHT AND AIR. 

H. UPON THE FIRST GUILTY PLEA AND/OR CONVICTION FOR 
ANY VIOLATION ON THE PREMISES BY ANY PERSON, FOR AN 
ACTIVITY PROHIBITED BY THE PROVISIONS OF ARTICLE 27 OF THE 
ANNOTATED CODE OF MARYLAND PROSCRIBING (1) THE ILLEGAL 
MANUFACTURE, DISTRIBUTION, POSSESSION OR ADMINISTRATION 
OF CONTROLLED DANGEROUS SUBSTANCES, (2) PROSTITUTION, 
SODOMY, PERVERTED SEXUAL PRACTICES, BAWDY HOUSE OR 
DISORDERLY HOUSE, OR (3) ANY OTHER LAW RELATING TO 
OBSCENE MATTER AND/OR IMMORAL PRACTICES, THE BOARD 
SHALL COMMISSIONER MAY SUSPEND THE PERMIT FOR NOT MORE 
THAN 15 DAYS. UPON A SECOND OR FURTHER GUILTY PLEA 
AND/OR CONVICTION OCCURRING LESS THAN 3 YEARS FROM 
WITHIN 12 MONTHS OF THE FIRST CONVICTION, THE PERMIT 
SHALL MAY BE SUSPENDED FOR NOT MORE THAN 30 DAYS^^ANJ^^ 
UPON A THIRD GUILTY PLEA/AND OR CONVICTION WITHIN 3 2 
YEARS, THE PERMIT SHALL BE REVOKED IF THE CONVICTION IS OF 
A PERSON WHO IS A MANAGER OR OWNER OF THE BUSINESS. 

I. IN THE EVENT OF THE DENL ^ J. OR REVOCATION OF ANY 
PERA^rr, THE NQN CQ^^FQRMI^JG OR CQ^rt)mONAL USE OF THE 
ADULT E^;TERTAI^JME^JT BUSINESS SHALL BE DISCQNTD>fUED A^JD 

CEASE. 

J. NOTICE AND HEARING; APPEAL 

NO PERMIT SHALL BE DENIED OR REVOKED OR A 
RENEWAL PERMIT REFUSED BY THE COMMISSIONER UNLESS THE 
COMMISSIONER SHALL FIRST HAVE GIVEN THE APPLICANT FOR THE 
PERMIT NOT LESS THAN 10 DAYS NOTICE IN WRITING OF THE 
DECISION OF THE COMMISSIONER TO REVOKE, DENY OR REFUSE 
TO RENEW THE PERMIT AND AN OPPORTUNITY TO BE HEARD AS 



291 



Ord. No. 258 



TO WHY THE PERMIT SHOULD NOT BE DENIED OR REVOKED. AN 
APPEAL TO THE BOARD OF MUNICIPAL AND ZONING APPEALS MAY 
BE TAKEN BY ANY PERSON AGGRIEVED BY THE DECISION OF THE 
COMMISSIONER IN ACCORDANCE WITH THE APPLICABLE 
PROVISIONS OF CHAPTER 11 OF THIS ARTICLE AND THE RULES OF 
THE BOARD : HOWEVER, THE DECISION OF THE COMMISSIONER 
SHALL BE STAYED UNTIL THE BOARD CONDUCTS ITS HEARING AND 
RENDERS ITS OPINION . 

K. TRANSFER OF PERMIT. 

AN ADULT ENTERTAINMENT BUSINESS PERMIT IS NOT 
TRANSFERABLE, WITHOUT A NEW APPLICATION TO THE 
COMMISSIONER. THE COMMISSIONER SHALL TREAT THE 
APPLICATION FOR TRANSFER AS IF IT WERE AN APPLICATION FOR 
RENEWAL. 

L. PERMIT TO BE POSTED. 

THE PERSON TO WHOM ANY PERMIT IS ISSUED 
HEREUNDER SHALL DISPLAY IT IN THE LOBBY, VESTIBULE OR 
OTHER PROMINENT PLACE ON THE PREMISES. 

N. PENALTIES. 

JN ADDITION TO THE FINES PROVIDED FOR IN SECTION 
11.0 7, ANY PERSON VIOLATD>JG ANY PROVISION OF THIS SECTION 
11.0 8, IS PUNISHABLE UPON COmaCTION BY IMPRISONME>JT NOT 
TO EXCEED 90 DAYS, OR BY BOTH FI^JE AND IMPRISONME>JT. 

O. COMMISSION ADVISORY TASK FORCE ESTABUSHED; 
PURPOSE. 

THERE IS HEREBY ESTABUSHED AN ADULT 
ENTERTAINMENT BUSINESS COMMISSION ADVISORY TASK FORCE . 
THE COMMISSION ADVISORY TASK FORCE SIL^LL MONITOR THE 
CO^JDUCT OF ALL ADULT E^JTERTxM^J^^E^JT BUS^ESSES, SHALL 
HAVE STANDING TO CONTEST THE ISSUANCE, DENL\L OR RENEWAL 
OF ANY ADULT ENTERTAINMENT BUSINESS PERMIT AND SHALL 
GENERALLY ADVISE THE APPROPRIATE ADMINISTRATIVE AND 
ELECTED OFFICIALS ON MATTERS RELATED TO THE CONDUCT OF 
ADULT ENTERTAINMENT BUSINESSES. 



292 



Ord. No. 258 



P. COMPOSITION OF COMMISSION ADVISORY TASK FORCE ; 
APPOINTMENT AND TERMS OF MEMBERS. 

1. THE COMMISSION ADVISORY TASK FORCE SHALL 
CONSIST OF 9 MEMBERS WHO SHALL SERVE WITHOUT 
COMPENSATION. THE MAYOR SHALL APPOINT THE 
MEMBERS OF THE COMMISSION ADVISORY TASK FORCE. 
AS FOLLOWS: 

(A) THREE TWO MEMBERS SHALL BE CHOSEN FROM 
A LIST OF ^_4 NOMINATED BY THE CITIZENS 
PLANNING AND HOUSING ASSOCL\TION. 

(B) THREE MEMBERS ONE MEMBER SHALL BE 
CHOSEN FROM A LIST OF ^ 2 NOMINATED BY THE 
GREATER BALTIMORE COMMirTEE. 

(O ONE MEMBER SHALL BE CHOSEN FROM A LIST 
OF 2 NOMINATED BY THE BALTIMORE CITY 
CHAMBER OF COMMERCE. 

(Q ONE MEMBER (D) THREE MEMBERS. TWO OF 
WHICH SHALL BE MEMBERS OF THE EAST 
BALTIMORE STREET MERCHANTS ASSOCL\TION. 
SHALL BE CHOSEN FROM A LIST OF 3 6 NOMINATED 
BY THE HOLDERS OF ADULT ENTERTAINMENT 
PERMITS. 

m-JEi ONE MEMBER SHALL BE CHOSEN FROM A 
LIST OF 2 NOMINATED BY THE CHAIR OF THE 
Bx^TIMORE CITY PLA^;^JI^JG COMMISSION 
DOWNTOWN PARTNERSHIP. INC . 

4e^CF) ONE MEMBER SHALL BE A MEMBER OF THE 
BALTIMORE CITY COUNCIL NOMINATED BY THE 
PRESIDENT OF THAT BODY. 

2. THE TERM OF MEMBERSHIP IS 3 YEARS. A PERSON 
MAY NOT SERVE MORE THAN 2 CONSECUTIVE TERMS. 
THE INFITAL TERMS OF COMMISSION ADVISORY TASK 
FORCE MEMBERS SHALL BE STAGGERED BY DESIGNATION 
BY THE MAYOR AS FOLLOWS: 3 OF THE INHTAL 
COMMISSION ADVISORY TASK FORCE MEMBERS TO 
SERVE FOR AN INHTAL TERM OF 3 YEARS; 3 COMMISSION 



293 



Ord. No. 258 



ADVISORY TASK FORCE MEMBERS TO SERVE FOR AN 
INITIAL TERM OF 2 YEARS; AND 3 CONCUSSION 
ADVISORY TASK FORCE MEMBERS TO SERVE FOR AN 
INITIAL TERM OF 1 YEAR. THE MAYOR SHALL DESIGNATE 
THE CHAIR. 

Chapter 13 - Rules and Definitions 

13.0-2 Definitions. 

3A. ADULT ENTERTAINMENT BUSINESS: A PUBLIC OR 
PRIVATE COMMERCIAL ESTABUSHMENT WHERE PERSONS 
APPEAR IN A STATE OF TOTAL OR PARTIAL NUDITY IN 
PERSON, ON FILM, ON SLIDES OR ON VIDEO TAPES. FOR 
PURPOSES OF THIS DEFINITION, THE TERM "FILM" SHALL 
NOT INCLUDE MOTION PICTURES RATED BY THE MOTION 
PICTURE ASSOCL\TION OF AMERICA. "COMMERCLU. 
ESTABUSHMENT" SHALL INCLUDE BUT NOT BE LIMITED 
TO, A RESTAURANT, NIGHTCLUB, DANCE HALL, PEEP 
SHOW, HOTEL OR MOTEL, PRIVATE CLUB OR SOCIAL 
HALL IF ADULT ENTERTAINMENT IS PROVIDED AS AN 
ACCESSORY OR PRINCIPAL USE. 

(1) "NUDITY' MEANS THE SHOWING OF THE HUMAN 
MALE OR FEMALE GENITALS, PUBIC AREA OR 
BUTTOCKS WITH LESS THAN A FULL OPAQUE 
COVERING, OR THE SHOWING OF THE FEMALE 
BREAST WITH LESS THAN A FULLY OPAQUE 
COVERING OF ANY PORTION THEREOF BELOW THE 
TOP OF THE NIPPLE, OR THE DEPICTION OF 
COVERED MALE GENITALS IN A DISCERNIBLY TURGID 
STATE. 

(2) "PARTL^L NUDITY' MEANS A STATE OF DRESS IN 
WHICH OPAQUE CLOTHING COVERS NO MORE THAN 
THE HUMAN MALE OR FEMALE GENITALS, PUBIC 
AREA OR BUTTOCKS, OR THE FEMALE BREASTS 
BELOW THE TOP OF THE NIPPLE, AS WELL AS 
PORTIONS OF THE BODY COVERED BY SUPPORTING 
STRAPS OR DEVICES. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the provisions of 
this ordinance are hereby declared to be severable. If any clause, 
sentence, paragraph or part of this ordinance shall be adjudged by any 



294 



Ord. No. 259 



court of competent jurisdiction to be invalid, said judgment shall not 
affect, impair or invalidate the remainder thereof, but shall be confined 
in its operation to the clause, sentence, paragraph, or part of such 
section directly involved in the controversy and in v^hich such judgment 
shall have been rendered. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the provisions of 
this ordinance expressly are intended to supersede any other provisions 
of the Zoning Ordinance or the Municipal Center Urban Renewal Plan 
as adopted and amended by the Mayor and Qty Council which deals 
with any use in any zoning district, whether permitted by right, 
conditionaDy, or through special exception or variance, which otherwise 
would allow the establishment or continued use of an adult 
entertainment business, book and magazine stores and similar j 

establishments (Qass B) or peep show establishment. J 

1 

) 

SEC. 4. AND BE IT FURTHER ORDAINED, That this ordinance j 

shall take effect on the 30th day after the date of its enactment. ! 

Approved August 10, 1993 "> 

KURT L. SCHMOKE, Mayor ! 



CITY OF BALTIMORE 

ORDINANCE NO. 259 

(Council BUI No. 517) 

AN ORDINANCE concerning 

REZONING - ALLIED AND RELATED SITES 

FOR the purpose of changing to the B-2-2 Zoning District the zoning for 
the property bounded generally by the Baltimore Harbor to the 
south and west, the Lady Maryland site and Lancaster Str ee t to the 
north and Dallas Alloy, Caroline Street and Thames Street to the 
east , as outlined in red on the amended plat accompanying this 
ordinance . 

BY amending Zoning District Maps 
Sheets No. 66 and 67 
Article 30 - Zoning 
Baltimore Qty Code (1983 Replacement Volume, as amended) 



295 



Ord. No. 260 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Sheets No. 66 and 67 of the Zoning 
District Maps of Article 30-Zoning of the Baltimore Qty Code (1983 
Replacement Volmne, as amended) title "Zoning" be and it is hereby 
amended by changing to the B-2-2 Zoning District the property bomided 
generally by the Baltimore Harbor to the south and west, the Lady 
Maryland site and Lancast e r Str ee t to the north and Dallas All e y, 
Caroline Street and Thames Street to the east, as outlined in red on the 
amended plat accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the Qty Council, as evidence of the authenticity of the 
plat which is a part hereof and in order to give notice to the 
<■ I: departments which are administering the Zoning Ordinance, the 

r ^I President of the Qty Council shall sign the plat and when the Mayor 

f 13 approves the ordinance, he shall sign the plat. The Director of Finance 

f[ 'Ir^ shall then transmit a copy of the ordinance and one of the plats to the 

t "" following: the Board of Municipal and Zoning Appeals, the Planning 

J ^. Commission, the Commissioner of the Department of Housing and 

^ *^ Community Development, the Supervisor of Assessments for Baltimore 

C 's; City and the Zoning Administrator. 

t 3;, 

> j:: SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 

jn «^ shall take effect on the 30th day after the date of its enactment. 



v.. 



Approved August 10, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 260 

(Council BUI No. 518) 

AN ORDINANCE concerning 

ZONING - PLANNED UNIT DEVELOPMENT - 
ALLIED AND RELATED SITES 

FOR the purpose of approving the application of AlliedSignal, being 

principal owner of the property known as Allied and Related Sites, 
being the property bounded generally by the Baltimore Harbor to 
the south and west, the Lady Maryland site and Lancactor Street to 



296 



Ord. No. 260 



the north and Dallas All e ys Caroline Street and Thames Street to 
the east, consisting of approximately 3^t9 27.35 acres, more or 
less, as outlined on the accompanying Development Plan (the 
Troperty"), to designate that Property as a Planned Unit 
Development in accordance with Giapter 12 of Article 30 of the 
Baltimore Qty Code (1983 Replacement Volmne, as amended) 
afid^ to approve the Development Plan submitted for this purpose 
by AlliedSignal subject to certain conditions, and providing for 
certain requirements in the Development Plan . 

BY authority of 

Article 30 - Zoning 

Chapter 12 - Planned Developments 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

WHEREAS, AlliedSignal and other identified parties own all of the 
Property consisting of approximately 3St9 27.35 acres, more or less, and 
generally knovm as Allied and Related Sites; and 

WHEREAS, On March 2, 1993, m order to institute proceedings to 
have the Property designated a Planned Unit Development, 
representatives of AlliedSignal met with duly designated officers of the 
Baltimore Qty Planning Commission to hold a Pre-Petition Conference 
to explain the scope and nature of the existing and proposed 
development on the Property; and 

WHEREAS, By introduction of the Ordinance, AlliedSignal and 
other specified owners of parcels which comprise the Property apply to 
the Mayor and City Council of Baltimore for designation of the Property 
as a Planned Unit Development and submit the requisite Development 
Plan intended to satisfy the requirements specified in Chapter 12 of 
Article 30 of the Baltimore City Code (1983 Replacement Volume, as 
amended); and 

WHEREAS, The Property has been, or will be concurrently with the 
passage of this Ordinance, designated for Mixed Use under an 
Amendment to the Fells Point Urban Renewal Plan; and 

WHEREAS, The Property has been, or will be concurrently with the 
passage of this Ordinance, rezoned to a B-2-2 zone; and 

WHEREAS, In requesting the introduction of the Ordinance, 
AlliedSignal signifies its present intention to implement and maintain 



297 



Ord. No. 260 



the development of the Property in accordance with the Development 
Plan for the Property; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the application of AlliedSignal and 
other parcel owners, owners of the Property known as the Allied and 
Related Sites which Property is boimded generally by the Baltimore 
Harbor to the south and west, the Lady Maryland site and Lancaster 
Str ee t to the north and Dallac All e y, Caroline Street and Thames Street 
to the east, consisting of approximately 3St 9 27.35 acres, more or less, 
as outlined on the accompanying Development Plan, being the property 
comprising all of the following parcels: 



Owner 



Address 



Ward Section 



Block 



Lot 



AlliedSignal 

AlliedSignal 
AlliedSignal 
AlliedSignal 
900 Caroline 

Partnership 
900 Caroline 

Partnership 
Herman M. Meyer 

& Wife 
Lacy Foundries 
Lacy Foundries 
Femdale Fence 
Orfanos 
Mayor and 

Cit)r Council 



100 Wills (including 3 7 

riparian) 

1431 Block 3 7 

1401 Philpot 3 7 

902 S. Caroline 3 7 

1423 Dock 3 7 

900 S. Caroline 3 7 



1400 & 1410 Block 3 7 

1401 Block 3 7 
1412 Block 3 7 
1404 Thames 3 7 
905 S. Caroline 3 7 

7 3 1 S . Carolin e 3 ?- 



Mayor and 

City Council 



1516 L a nca s t e r 



M a yor and 

City Council 



1534 Lanc as t e r 



Mayor and 

City Council 



1536 Lanca s t e r 



Mayor and 

City Council 
Mayor a nd 



1538 Lancast e r 



City Council 1530 Lanca s t e r 



1815 



1825 


5 


1825 


1 


1817 


10 


1817 


12 



1817 



4dO^ 



4S09- 



4S09- 



-1S09- 



4^09- 



4S09- 



11 



1817 1 & 2 

1825 4 

1817 3 

1825 6 

1817 4 



■33. 



■;» 



■02 



■QA. 



-30 



4^ 



Mayor and 

City Council 



Mayor and 

City Council 



Beds of Wills, Dock, 
Block and Philpot; 
bed of Caroline south 
of Lancaster; bed of 
Thames south of Block 

Infilled slip south -- 



298 



Ord. No. 260 



of City Pier and 
contiguous property 
Allied Signal Infilled slip south 

of aty Pier 



to designate that Property as a Planned Unit Development in accordance 
with Chapter 12 of Article 30 of the Baltimore Qty Code (1983 
Replacement Volume, as amended), be and is hereby approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the Development 
Plan for the Property (consisting of 9 sheets all dated March 8 April 4, 
1993 and identified as follows: Sheet 1, Illustrative Aerial View, Local 
Map and Index , revised June 14, 1993 ; Sheet 2, Existing Conditions^ 
revised June 14, 1993 ; Sheet 3, Illustrative Site Plan, Promenade 
Section and Perspective , revised June 14, 1993 ; Sheet 4, Public Open 
Space, Promenade and Streets , revised June 14, 1993 ; Sheet 5, 
Development Parcels , revised June 14, 1993 ; Sheet 6, Height Diagram^ 
revised June 14, 1993 ; Sheet 7, Existing and Conceptual Sanitary 
Sewer; Sheet 8, Existing and Conceptual Water; Sheet 9, Existing and 
Conceptual Storm Drain) as attached to this Ordinance and made a part 
of it, be and is hereby approved. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this approval is 
5?ranted subject to the following condition: 

Within 12 months of Federal Environmental Protection Agency and 
Maryland Department of the Environment final approval of the 
remediation cap design, the owner of the property shall submit to the 
City Council for its approval by Resolution a specific plan for the interim 
use of the property in accordance with Section C, 11 of Appendix A of 
the Fells Point Urban Renewal Plan, as amended; this plan shall include 
a description of site preparation, site maintenance, the temporary or 
permanent promenade (as required by Appendix C of the Fells Point 
Urban Renewal Plan, as amended) and a detailed time schedule for 
completion of the interim use; provided, however, that there shall be no 
requirement for interim use or for an interim use plan as to any parcel 
or parcels within the PUD area in the event that plans for such parcel or 
parcels are approved by the Planning Commission as provided in 
Section 12 below. 

SEC. 3_4. AND BE IT FURTHER ORDAINED, That, in accordance 
with 12.0-4 of the Zoning Ordinance of Baltimore City (the "Zoning 
Ordinance"), uses in the AlHed and Related Sites Planned Unit 
Development shall be authorized as follows: 

299 



Ord. No. 260 



The following uses are specifically approved as permitted uses in 
the Allied and Related Sites Planned Unit Development: 

a. All permitted uses under B-2-2 zoning. 

b. All uses permitted under the Fells Point Urban Renewal 
Plan. 

c. All additional uses which may hereafter be permitted 
under (a) or (b) above as the same may be amended 
from time to time. 

d. Hazardous waste extraction, handling asd , treatment, 
storage and hauling , but only to the extent necessary to 
comply with the Consent Decree governing part of the 
Property. 

; I SEC. 4_5. AND BE IT FURTHER ORDAINED, That the mimmum 

f Z: yard requirements shall not be applicable to specific lots created within 

^ 'It; the Property. 

I ^ SEC. §_6. AND BE IT FURTHER ORDAINED, That the term of this 

? ^ Planned Unit Development shall expire twenty-five (25) years after the 

J k' date remediation is completed in accordance with the Consent Decree. 

if 

5-* SEC. 7. AND BE IT FURTHER ORDAINED. That the maximum 

J^^ CTOss building area will be limited to 1.8 million square feet, and the 

maximum gross building area including parking will be limited to 2.4 
million square feet; provided further that the 2.4 million square feet 
may be increased for additional parking if approved by the Planning 
Commission, and provided further, that the permitted square footage for 
building area and for parking are exclusive of any performing arts 
center or other public or quasi-public structures. 

SEC. 8. AND BE IT FURTHER ORDAINED. That the 150 foot 
height designation on PUD sheet 6, Area 6 will be replaced by a 120 
foot height designation, provided that a Uke amount of gross building 
area shall be added above the 90 foot height level designation on Areas 
1, 2, 3, and 4. 

SEC. 9. AND BE IT FURTHER ORDAINED, That the land area of 
lots 1, 2, 3, or 4 on PUD sheet 4 can be reduced Cand public land area 
increased) by up to .16 to allow an increase in the footprint of the 
public building site up to a 2 acre maximum, if the additional land is 
deemed necessary by June 30, 1996. 



300 






Ord. No. 260 



SEC. 10. AND BE IT FURTHER ORDAINEX), That the parking 
required by development in the PUD area shall be accommodated by 
off-street facilities located within or proximate to, the PUD area; 
however the lot located east of Caroline Street and north of Dock Street 
shall not be utilized for parking to support development in the PUD 
Area, and provided further, that the Planning Commission has the 
discretion to permit the total count of parking spaces required for all 
uses v^thin any one development lot or among multiple development 
lots on the property to be reduced to reflect a demonstrated reduction 
in the need for parking spaces due to shared use, public transportation 
or other causes. 

SEC. 4JT. AND BE IT FURTHER ORDAINED, That subsequent to 
enactment of this Ordinance, all substantial changes in the approved 
Development Plan for the Property shall be reviewed and approved by 
the Planning Commission to insure that those changes are consistent 
with this Ordinance. 

SEC. 7J2. AND BE IT FURTHER ORDAINED, That subsequent to 
the passage of this Ordinance by the Qty Council, all plans for 
construction of material improvements upon the Property shall be 
reviewed and approved by the Planning Commission to insure that such 
plans are reasonably consistent with the Development Plan and this 
Ordinance. 

SEC. §_13. AND BE IT FURTHER ORDAINED, That, as evidence of 
the authenticity of the Development Plan approved by this Ordinance 
and in order to give notice to the departments that administer the 
Zoning Ordinance of Baltimore Qty, the President of the Qty Council 
shall sign the Development Plan upon passage of this Ordinance by the 
Qty Council, the Mayor shall sign the Development Plan upon his 
approval of this Ordinance, and the Director of Finance shall transmit a 
copy of the Ordinance and the Development Plan to the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Supervisor of Assessments for Baltimore City, and the Zoning 
Administrator. 

SEC. 9JL4. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved August 10, 1993 

KURT L. SCHMOKE, Mayor 



301 



Ord. No. 261 

CITY OF BALTIMORE 

ORDINANCE NO. 261 

(Council Bill No. 519) 

AN ORDINANCE concerning 

URBAN RENEWAL - FELLS POINT URBAN RENEWAL AREA - 
AMENDMENT NO. 16 

FOR the purpose of amending the Urban Renewal Plan for Fells Point 
Urban Renewal Area to, among other things: (1) create Waterfront 

- Control Area 9; (2) provide for special requirements for Area 9 

f J;; relating to a special task force for the area, building height, parking 

t ^[ requirements, and the public pedestrian promenade; (3) revise 

\ £;;; appropriate Exhibits attached to the Plan to reflect the changes 

^ ^; proposed herein; (4) waive such requirements, if any, as to the 

1 content or procedure for the preparation, adoption and approval of 
? ^ renewal plans as set forth in Article 13 of the Baltimore City Code 

^ js;; (1983 Replacement Volume, as amended) which the Renewal Plan 

J 5 for Fells Point may not meet; (5) provide for the severability of the 

J ;< various parts and applications of this ordinance; (6) provide that 

^ ^ where the provisions of this ordinance shall conflict with any other 

'^' ;5 ordinance, code or regulation in force in the City of Baltimore, the 

>^,„ provision which establishes the higher standard shall prevail; and 
(7) provide for an effective date hereof. 

WHEREAS, An Urban Renewal Plan for the Fells Point Urban 
Renewal Area was first approved by the Mayor and Qty Council of 
Baltimore by Ordinance No. 999, dated October 14, 1975 and last 
amended by Ordinance No. 412, dated November 21, 1989; and 

WHEREAS, Pursuant to Article 13 of the Baltimore Qty Code (1983 
Replacement Volume, as amended), no substantial change or changes 
shall be made in any renewal plan, after approval by ordinance, without 
such change or changes first being adopted and approved in the same 
manner as set forth in said Article 13 for the approval of renewal plans, 
namely approval and adoption by ordinance of the Mayor and City 
Council of Baltimore after a public hearing in relation thereto, all in the 
manner set forth in said Article 13; and 

WHEREAS, In accordance with the provisions of Section 25(h) of 
said Article 13, when a Council Member initiates an amendment to an 



302 



Ord. No. 261 



existing renewal plan, such bill shall be sent to the Department of 
Housing and Community Development and to the Planning Commission 
for recommendation and report; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL 
OF BALTIMORE, That the following amendments and changes to the 
Renewal Plan for the Fells Point Urban Renewal Area, having been duly 
reviewed and considered, is hereby approved and the Gerk of the Qty 
Council is hereby directed to file a copy of said amended Renewal Plan, 
revised to include Amendment No. 16, dated March 8 June 17 , 1993, 
with the Department of Legislative Reference as a permanent public 
record and to make the same available for public inspection and 
information: 

1. On page 4, in subsection A.2.k., strike k and substitute the 
following language: 

"k. To promote, expand, maintain and strengthen the historic 
waterfront character of Fells Point by promoting and expanding 
(as well as retaining) historic maritime uses on, or adjacent to, 
the waterfront." 

2. On page 7, in subsection B.l.c, after the SPECLU RESTRICTION 
paragraph insert: 

"SPECL\L EXCEPTIONS: Regardmg Waterfront Control Area 9, 
the following exceptions shall apply: (1) any auditorium or 
concert hall may exceed 1000 seats; (2) minimum lot area per 
dwelling unit shall be as permitted under the Planned Unit 
Development governing Area 9; (3) office space is not limited to 
60% of any development project; and (4) permitted uses are as 
set forth in the Plan and as permitted under the zoning 
ordinances governing Area 9 and the Planned Unit 
Development." 

3. On page 14, in subsection C.4.b., insert the following new 
paragraph and new subsection C.4.C.: 

" Special Task Force for Area 9: In addition to the above 
provisions, the Fells Point community organizations (as defined 
in b. above) may form a special Task Force to review and 
comment up>on proposed development in Area 9. When the 
Commissioner notifies the community groups regarding 
proposed Area 9 development, the Commissioner's notice shall 



303 



Ord. No. 261 



specifically state that the Task Force may be convened; when 
convened, the Commissioner shall work closely with such Task 
Force; if requested by the Task Force, the Commissioner may 
extend the review process beyond the four (4) weeks as 
provided above, to a maximum total of eight (8) weeks. 

c. Criteria For Review of Tall Buildings in Area 9: In approving 
and reviewing plans for new development in Area 9, the Department 
of Housing and Community Development shall take into 
consideration the bulk and proportions of any building proposed to 
rise above ninety (90) feet, the appearance of the proposed building 
design when viewed from adjacent neighborhoods and, specifically, 
the comments of the Task Force appointed to represent the 
commimity organizations in the Fells Point Urban Renewal Area. 
The Commissioner of the Department of Housing and Community 
Development may withhold approval on aesthetic or functional 
grounds, provided that the cause of withholding approval shall be 
specified by written notice to the developer; in any event, the 
Commissioner's approval on such grounds may not unreasonably be 
withheld." 

4. On page 19, Appendix A, section C.lOa., after the paragraph 
under "Office" insert: 

" In addition, in Area 9 the Commissioner of the Department of 
Housing and Community Development has the discretion to 
permit the total coimt of parking spaces for all uses within any 
one development lot or among multiple development lots to be 
reduced to reflect a demonstrated reduction in the need for 
parking spaces due to shared use, public transportation or other 
causes. Furthermore, the parking required by development in 
Area 9 shall be accommodated by off-street facilities located 
within, or proximate to. Area 9 : however, the block boimded by 
Caroline, Lancaster, Dallas and Dock Streets shall not be used 
for parking to permit development on Area 9 ." 

5. On page 19, Appendix A, after section C.lO.d insert: 

"11. Special Design Provisions for Area 9 

a. The open space in Area 9 shall be developed in a 
variety of landscaped green spaces, with 24-hour free 
public access. 



304 



Ord. No. 261 



b. Both public and private buildings facing the water 
should be designed to relate to, and provide public 
access to, the pedestrian promenade. 

c. To the extent reasonably feasible, first floor street 
frontage and the public spaces should be ori e nt e d to 
occupied by retail and/or other pedestrian-oriented 
uses. 

d. All vacant property and all improvements, 
appurtenances and personal property located within 
such property shall be maintained in a first class state 
of repair and appearance and shall be kept reasonably 
free from trash and debris, including all public 
sidewalks, walkways, pedestrian areas, and alleys 
within such property (whether or not publicly owned 
and/or dedicated). 

e. Temporary or interim off-street parking lots may be 
constructed where justified by functional or economic 
reasons. 

f^ All land not covered by interim or permanent 

structures, paved parking, loading or sendee areas, 
paved areas for pedestrian circulation or decorative 
surface treatments shall be provided with landscape 
treatment consisting of the planting of grass, ground 
cover, flowers and/or trees and shrubs, in order to 
improve the appearance of the site. " 

On page 25, Appendix C, Pedestrian Access, insert the following 
second paragraph: 

"Provided Alli e dSignal el e cts to procood with the development 
of Ar e a 9» an interim or t e mporar>r p e destrian prom e nad e shall 
b e construct e d around th e waterfront of Ar e a 9 within a 
r e asonabl e time aft e r Alli e dSignal has compl e t e d r e mediation of 
its sit e and th e e nvironm e ntal monitoring proc e ss is op e rativf e ; 
th e reafter, th e tim e tabl e for construction of any p e rmanent 
P e destrian Prom e nad e on Ar e a 9 shall b e e stablish e d in th e 
r e asonabl e discretion of th e Commission e rr "An interim or 
temporary pedestrian promenade shall be constructed on 
existing land around the waterfront of Area 9 within a 
reasonable time after AlliedSignal has completed remediation of 



305 



Ord. No. 261 



its site, provided such construction is feasible without disturbing 
the remediation elements and the environmental monitoring 
process, and such construction is approved by the 
Environmental Protection Agency, Maryland Department of the 
Environment, and appropriate city agencies. As development 
occurs, the timetable for construction of the permanent 
Pedestrian Promenade on Area 9 shall be established in the 
reasonable discretion of the Commissioner: such construction 
shall be the responsibility of each developer." 

7. On page 26, Appendix C, Promenade Standards, section 7 (c), 
add the following sentence: 

Within Area 9, the Promenade may be of wood-deck design. 

8. On page 26, Appendix C, Public Access Corridors, add the 
following sentence: 

'14. From a point at the approximate intersection of the 
realigned Wills Street and Philpot Street south to the 
water.' 

9. On page 26, Appendix C. Height Limitations, substitute 
the number 9 for the number 8 on the second line of that 
paragraph where it says "area 1 through 8." 



S_10. On page 27, Appendix C, Height Limitations, after 
"Area 8" paragraph add: 

" Area 9 - Within Area 9 a 45 foot height at the edge is imposed 
along the Harbor and in the area adjacent to Fells Point at 
Caroline Stree t or Dallac All e y ; the maximum heights shall step 
up to 180 feet in the center block of the site all as set forth in 
the Planned Unit Development governing Area 9." 

9 n. On page 27, at the bottom of the page add the following 
revised date: 

" March 8 June 17 , 1993". 

13. Amend Land Use Plan CExhibit 1) to provide that all land in 
the Urban Renewal Area west of the existing eastern boundary 
of Caroline Street and west of the eastern boundary of Thames 



306 



Ord. No. 261 



Street (all such land being referred to herein and on Appendix 
C as "Area 9") shall be designated for Mixed Land Use. 

14. On Exhibits 1,3. and 4 Appendix C, remove all references and 
descriptions relating to the block bounded by Lancaster. 
Caroline. Dock and Dallas Streets. 

SEC. 2. AND BE IT FURTHER ORDAINED, That in whatever respect, 
if any, the Renewal Plan approved hereby for the Fells Point Urban 
Renewal Area may not meet the requirements as to the content of a 
renewal plan or the procedure for the preparation, adoption, and 
approval of renewal plans as provided in Article 13 of the Baltimore 
Qty Code (1983 Replacement Volume, as amended), the said 
requirements are hereby waived and the amended Renewal Plan 
approved hereby is exempted therefrom. 

SEC. 3. AND BE IT FURTHER ORDAINED, That in the event it be 
judicially determined that any word, phrase, clause, sentence, 
paragraph, section or part in or of this Ordinance or the application 
thereof to any person or circumstances is invalid, the remaining 
provisions and the application of such provisions to other persons or 
circumstances shall not be affected thereby, the Mayor and Qty Council 
hereby declaring that they would have ordained the remaining 
provisions of this Ordinance without the word, phrase, clause, sentence, 
paragraph, section or part, or the application thereof so held invalid. 

SEC. 4. AND BE IT FURTHER ORDAINED, That in any case where a 
provision of this Ordinance concerns the same subject matter as an 
existing provision of any zoning, building, electrical, plumbing, health, 
fire or safety ordinance or code or regulation, the applicable provisions 
concerned shall be construed so as to give effect to each; provided, 
however, that if such provisions are found to be in irreconcilable 
conflict, the provision which establishes the higher standard for the 
promotion of the public health and safety shall prevail. In any case 
where a provision of this Ordinance is found to be in conflict with an 
existing provision of any other ordinance or code or regulation in force 
in the Qty of Baltimore which establishes a lower standard for the 
promotion and protection of the public health and safety, the provision 
of this Ordinance shall prevail, and the other existing provision of such 
other Ordinance or code or regulation is hereby repealed to the extent 
that it may be found in conflict with this Ordinance. 

SEC. 5. AND BE IT FURTHER ORDAINED, That this Ordinance shall 
take effect on the 30th day after the date of its enactment. 



307 



Ord. No. 262 



Approved August 10, 1993 

KURT L. SCHMOKE, Mayor 



ENROLLED COPY 

CITY OF BALTIMORE 

ORDINANCE NO. 262 

(CouncU BUI No. 493) 

AN ORDINANCE concerning 

FIRE AND POUCE EMPLOYEES' RETIREMENT SYSTEM 

FOR the purpose of increasing the service retirement allowance from 
1.8% to 2.0% for years of service in excess of 20, for any member 
who retires on or after June 29, 1993; providing th e sp e cial d e ath 
b e n e fit to certain p e rman e ntly disabl e d childr e n of m e mb e rs who di e 
on or aft e r July 1^ 1993^ wh e r e no surviving spous e is e ntid e d to 
such benefit; in the case of a retired member receiving maximimi 
benefits, who dies on or after July 1, 1993, providing a 50% survivo 
r benefit to the surviving spouse (to whom die member was married 
at least one year before retirement or at least thr ee five years before 
and/or after retirement), or to the deceased member's immarried 
child or children up to a certain age, or to th e d e c e as e d m e mb e r's 
p e rman e ndy disabled and unmarri e d child or childr e n until th e 
e arli e r of d e ath or marriag e ; increasing the current survivors' benefit 
from 42.5% to 50% as of July 1, 1993 for all beneficiaries entided to 
receive the 42.5% benefit as of June 30, 1993; appMng the value of 
any net unallocated interest surplus as of June 30, 1992, to offset 
the cost of the Ordinance as it applies to active members: reducing 
the members' contribution from 7% of regular compensation to 3% 
6% of regular compensation as of July 1, 1993 ; and applying the 
value of the Conting e ncy R e s e rv e actuarial surplus in the Paid Up 
Benefit Fund as of June 30, 4992 1993, as n e cocsaryr to fund the 
increase in survivor's benefits for those presendy retired and 
beneficiaries of those previously retired : and to recognize future 
savings to the City due to litde or no pay increases . 

BY repealing and reordaining with amendments 
Article 22 - Retirement Systems 
Subtitie - Fire and Police Employees 



308 



Old. No. 262 



Section 34(b)(4i, 34(i)i31, 3^Ck). 36(h) 35(b) 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

BY adding 

Article 22 - Retirement Systems 

Subtitie - Fire and Police Employees 

Section 36 (A) (0 34(b)(4). 34(k)(5). 34(k)(6). 36A^ 36(h)(4). 

36A(f) 
Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL 
OF BALTIMORE, That Section(s) of the Baltimore Qty Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 22 - RETIREMENT SYSTEMS 

Fire and Police Employees 

34. Benefits. 

(b) Allowance on service retirement. Upon retirement from service 
a member shall receive a retirement allowance as follows: 

(4) FOR ANY MEMBER WHO RETIRES ON OR AFTER JUNE 29, 
1993, THE SERVICE RETIREMENT ALLOWANCE SHALL CONSIST OF: 

(A) AN ANNUITY WHICH SHALL BE THE ACTUARIAL 
EQUIVALENT OF HIS ACCUMULATED CONTRIBUTIONS AT THE TIME 
OF HIS RETIREMENT. 

(B) A PENSION, WHICH TOGETHER WITH HIS ANNUITY 
SHALL BE EQUAL TO 2.5% OF HIS AVERAGE FINAL COMPENSATION 
FOR EACH YEAR OF THE FIRST TWENTY (20) YEARS OF SERVICE, 
PLUS 2% OF HIS AVERAGE FINAL COMPENSATION FOR EACH YEAR 
OF SERVICE THEREAFTER. 

(Q THE ADDITIONAL ANNUITY PROVIDED AS A RESULT 
OF VOLUNTARY CONTRIBUTIONS PERMITTED UNDER SECTION 34 
36(B)(4) SHALL BE PAYABLE AND SHALL NOT BE USED IN 
DETERMINING THE PENSION PAYABLE UNDER SECTION 34(B)m 
i41(B) OR I^J DETERMINING THE DISABILITY PE^JSIQN UNDER 
SECTION 3^ (D)(3) . 



309 



< 



Ord. No. 262 



(5) [4] Provided further, however, that members and 
beneficiaries of members who retired before July 1, 1988, and any 
surviving beneficiary of a member who began receiving benefits before 
July 1, 1988, shall receive a 2% increase in periodic benefits as of 
January 1, 1992. 

(i) Special Death Benefit. Upon receipt of proper proof of the death 
of a member in service arising out of and in the course of the actual 
performance of duty, without willfiil negligence on his part, and upon 
determination by the hearing examiner as provided for in Section 33(1) 
that such death so occurred, there shall be paid: 

(3) If there be no such widow, or if the widow dies or remarries 
before the youngest mmiarried child of said deceased member shall 
have either attained the age of eighteen (18) years or, in the event said 
child is a full-time student, mitil he shall have attained the age of 
twenty-two (22) years, then to such child or children, divided in such 
maimer as the Board of Trustees in its discretion shall determine, to 
continue for the benefit of such child or children until the last child 
marries, dies or either attains the age of eighteen (18) years, or in the 
event he is a full-time student attains the age of twenty-two (22) yearc 
[; or]. EFFECTIVE AS OF JULY 1, 1993, IF THERE BE NO SUCH 
WIDOW, OR IF THE WIDOW DIES OF REMx^RRIES, AND ANY 
UmiARRJED CHILD OR CHILDREN OF THE DECEASED MEMBER 
SHALL HAVE BECOME PERMANENTLY DISx^LED FROM ENGAGING 
IN ANY SUBSTA^^^L^L GiM>JFUL EMPLOYME^^^ PRIOR TO ATTAINING 
THE AGE OF EIGHTEE>J (18) YEARS OR, IN THE EVENT ANY SUCH 
CHILD IS A FULL TIME STUDENT, BEFORE HE ArriM>JED THE AGE 
OF TWENTY TWO (22) YEARS, THEN TO SUCH CHILD OR CHILDREN, 
DIVIDED IN SUCH MAN^JER AS THE BOARD OF TRUSTEES m ITS 
DISCRETION SHALL DETERMIhJE, TO CO>mhRJE FOR THE BE>JEFIT 
OF SUCH PERM.^^JE^JTLY DISABLED CHILD OR CHILDREN VNTIL THE 
LAST SUCH CHILD MARRIES OR DIES; PROVIDED, HOWEVER, THAT 
THE EXISTE>JCE OF MENTAL OR PHYSICAL INCAPACITY RESULTING 
IN PERMA>JE>rr DISABILITY SHALL BE DETERMD^JED BY THE BOARD 
OF TRUSTEES UNDER PRINCIPLES CONSISTENT WITH SUBSECTIONS 
3^(0 AND (G): OR (22) YEARS: OR 

(k) Optional allowances. 

(5) EFFECTIVE AS OF JULY 1, 1993, AND SUBJECT TO THE 
PROVISIONS OF (A), (B), (C), (D), (E) AND (F) OF PARAGRAPH 3 
ABOVE, IN THE EVENT THAT A MEMBER WHO RETIRES AND ELECTS 
TO RECEIVE MAXIMUM BENEFITS WITHOUT OPTIONAL 



310 



Ord. No. 262 



MODIFICATION LATER DIES AND IS SURVIVED BY A SPOUSE TO 
WHOM THE MEMBER HAD BEEN MARRIED FOR AT LEAST ONE (1) 
YEAR IMMEDL\TELY PRIOR TO RETIREMENT OR AT LEAST THREE 
W FIVE C5) YEARS PRIOR AND/OR SUBSEQUENT TO RETIREMENT, 
AN AMOUNT EQUAL TO 50% OF THE ALLOWANCE SAID MEMBER 
WAS RECEIVING SHALL BE PAID TO SUCH SURVIVING SPOUSE TO 
CONTINUE AS LONG AS HE OR SHE REMAINS UNMARRIED. IF 
THERE BE NO SUCH SPOUSE OF IF THE SPOUSE DIES OR 
REMARRIES BEFORE THE YOUNGEST UNMARRIED CHILD OF SAID 
DECEASED MEMBER SHALL HAVE EITHER ATTAINED THE AGE OF 
EIGHTEEN (18) YEARS, OR, IN THE EVENT SAID CHILD IS A FULL- 
TIME STUDENT, BEFORE HE SHALL HAVE ATTAINED THE AGE OF 
TWENTY-TWO (22) YEARS, THEN AN AMOUNT EQUAL TO 50% OF 
THE ALLOWANCE SAID MEMBER WAS RECEIVING SHALL BE PAID TO 
SUCH CHILD OR CHILDREN, DIVIDED IN SUCH MANNER AS THE 
BOARD OF TRUSTEES IN ITS DISCRETION SHALL DETERMINE TO 
CONTINUE FOR THE BENEFIT OF SUCH CHILD OF CHILDREN UNTIL 
THE LAST CHILD MARRIES, DIES OR EITHER ATTAINS THE AGE OF 
EIGHTEEN (18) YEARS OR IN THE EVENT HE IS A FULL-TIME 
STUDENT, ATTAINS THE AGE OF TWENTY-TWO (22) YEARS, ff 
THERE BE NO SUCH WIDOW, OR IF THE WIDOW DIES OF 
REMi\RRIES, AND ANY UNMARRIED CHILD OR CHILDREN OF THE 
DECREED MEMBER SHALL HA\^ BECOME PEPJ^l.^JE>rrLY DISABLED 
FROM ENGAGING I^l x^^^f SUBSTx^rTL^ GAI>JFUL EMPLOYMENT 
PRIOR TO AT^AI^JING THE AGE OF EIGHTEENJ (18) YEARS OR, IN 
THE EVENT ANY SUCH CHILD IS A FULL TIME STUDE^JT, BEFORE HE 
ATTxWJED THE AGE OF TWE>rrY TWO (22) YEARS ^ THE^J A^J 
AMQU^JT EQUAL TO 50% OF THE ALLQWA^JCE SAID MEMBER WAS 
RECEIVI>JG SHALL BE PAID TO SUCH CHILD OR CHILDRE>J>DIVIDED 
D>J SUCH MAN>^ER AS THE BOARD OF TRUSTEES I>J ITS DISCPJITIQN 
SHALL DETERMI>JE, TO CONTI>aJE FOR THE BENEFIT OF SUCH 
PERMA>JENTLY DISx^BLED CHILD OR CHILDRE^J mVYlL THE LAST 
SUCH CHILD Ma ^i iRRIES OR DIES; PROVIDED, HOWEVER, TR^T THE 
EXISTE>JCE OF ME>rrAL OR PHYSICAL I^JCAPACITY RESULTI>JG IN 

PERMi^JE^^r disability shall be determdvjed by the board OF 

TRUSTEES mmER PRI>JCIPLES CONSISTENT WITH SUBSECTIONS 
3^(C) A>n3 (G) THE SURVIVING SPOUSE BENEFIT PROVIDED UNDER 
THIS PARAGRAPH IS EFFECTIVE AS OF JULY 1, 1993, AND IS NOT 
PAYABLE TO THE SURVIVING SPOUSE OF A MEMBER WHO DIED 
BEFORE JULY 1. 1993, WHERE SUCH SPOUSE WAS NOT PREVIOUSLY 
ENTITLED TO A SURVIVING SPOUSE BENEFIT. 

(6) EFFECTIVE AS OF JULY 1, 1993, ANY BENEFICIARY 
RECEIVING OR THEREAFTER ELIGIBLE TO RECIIIVE THE 42.5% 



311 



Ord. No. 262 



SURVIVOR'S BENEFIT UNDER SUBSECTION (K)(4) SHALL RECEIVE 
50% OF THE MEMBER'S ALLOWANCE, IN LIEU OF THE 42.5% 
PREVIOUSLY PROVIDED UNDER SUBSECTION (K)(4). ANY SUCH 
INCREASED RATE SHALL BE EFFECTIVE BEGINNING JULY 1, 1993 OR 
FROM THE DATE OF ELIGIBILITY, WHICHEVER OCCURS LATER. 

35. Management of funds. 

Cb) Interest. 

ANY NET UNALLOCATED INTEREST SURPLUS AS OF JUNE 30. 
1992, SHALL BE APPLIED AS OF JULY 1, 1993, AND AMORTIZED 
OVER TWENTY C20) YEARS TO OFFSET THE COST OF ORDINANCE 
NO. , AS IT APPLIES TO MEMBERS IN ACTIVE SERVICE ON AND 

AFTER JULY 1; 1993 JUNE 30. 1992. 

36. Method of financing. 

(h) Percent of compensation contributable. 

(4) EFFECTIVE WITH THE FIRST FULL PAYROLL PERIOD 
COMMENCING CLOSEST TO JULY 1, 1993, AFTER THE DATE OF 
ENACTMENT OF ORDINANCE NO. OF 1993. EACH MEMBER WHO 
WOULD OTHERWISE CONTRIBUTE SEVEN PERCENT (7%) OF HIS 
REGULAR COMPENSATION ACCORDING TO PARAGRAPH (1) ABOVE 
SHALL INSTEAD CONTRIBUTE TWO PERCENT (2%) SDC PERCENT 
r6%) OF HIS REGULAR COMPENSATION, SUCH CONTRIBUTION TO 
CONTINUE THROUGHOUT SUCH MEMBER'S REMAINING PERIOD OF 
SERVICE. 

36A. Post retirement benefit increases to certain retirees and 
beneficiaries. 

(F) CONTINGENCY RESERVE PAID UP BENEFIT FUND TO 
PROVIDE INCREASE IN WIDOWS AND CHILDREN'S BENEFIT. 

NOTWITHSTANDING THE PROVISIONS OF (D) A^JD 
(E) ABOVE, THE VALUE OF THE CONTINGENCY RESERVE ACTUARIAL 
SURPLUS I^J THE PAID UP BENEFIT FUND AS OF JUNE 30^ 1992 1993 
SHALL BE APPLIED EFFECTIVE AS OF JULY 1. 1993 . TO THE EXTENT 
ACTUARL^LY NECESSARY TO PROVIDE THE INCREASE IN 
SUR\T\aNG SPOUSE AND CHILDREN'S BENEFITS WITH RESPECT TO 
MEMBERS WHO ARE PRESE^JTLY RETIRED A^JD BENEFICIARIES OF 
MEMBERS WHO PREVIOUSLY RETIRED, AS REQUIRED BY 



312 



Ord. No. 262 



ORDINANCE NO. . EXCEPT FOR THE i\PPLICx^TIQN OF SUCH 
CQ>rrD^JGENCY RESERVE PAID UP BENEFIT FUND VALUE AS OF JUNE 
3Q> 1993 1993 . THE OPERATION OF THE CONTINGENCY RESERVE 
PAID UP BE>JEFIT FU^JD PURSUA^JT TO (D) AND (E) ABOVE SHALL 
NOT OTHERWISE BE AFFECTED BY ORDI^JA^JCE NO. -.— 

NOTWITHSTANDING THE PROVISIONS OF CD) AND (E) ABOVE. 
$17.2 MILLION FROM THE PAID UP BENEFIT FUND SHALL BE 
TRANSFERRED TO THE PENSION RESERVE FUND EFFECTIVE JUNE 
30. 1993. THE PURPOSE OF THE TRANSFER IS TO PARTLULY FUND 
THE BENEFIT IMPROVEMENTS MADE BY THIS ORDINANCE NO. 

OF 1993. THE TOTAL $17.2 MILLION TRANSFER SHALL REDUCE 
THE SYSTEM^S UNFUNDED LL^BILITY AND SHALL BE AMORTIZED 
WITH INTEREST AS A CREDIT TO REDUCE THE CnVS 
CONTRIBUTION BY $4.5 MILLION FOR FOUR YEARS (BEGINNING IN 
FISCAL YEAR 1995) AND AT A REDUCED LEVEL DOLLAR CREDIT IN 
THE FIFTH YEAR. 

THE PROVISIONS OF CD) AND (E) ABOVE SHALL REMAIN IN 
EFFECT EVEN AFTER THE CHANGES DESCRIBED HERE IN (¥). 

SEC. 3. AND BE IT FURTHER ORDAI^JED, That the Juno 30. 1993 
actuarial valuation of th e Fir e and Polic e Employ ee c' Retir e m e nt Syct e m 
shall d e t e rmin e the e ff e ct on th e annual contribution l e v e l of th e 
e limination of th e salary^ incr e as e i which wac n e gotiat e d with th e labor 
organiaationc r e pr e s e nting th e m e mb e rship of th e Fir e and Polic e 
Employeec' Rotirom e nt Syst e m as of July 1, 1993, as approv e d by th e 
Board of Estimat e s. Th e e ff e ct on th e City's annual contribution lev^ol 
shall b e used to th e e xt e nt n e c e ssary to fund ben e fits for activ e 
m e mbers und e r this ordinanc e . 

SEC. 2 AND BE IT FURTHER ORDAINED. That the City anticipates 
retirement savings due to the elimination of the July 1992 pay increase 
and the amount of the July 1993 pay increase. These savings shall be 
applied to reduce the growth in future Gty contributions to the System. 

SEC. 3. AND BE IT FURTHER ORDAINED. That if any section or 
part of any section of this ordinance is declared to be unconstitutional, 
or otherwise illegal, the remainder of this ordinance shall not thereby be 
invalidated. 

SEC. 3 4. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect as of July 1, 1993, the date of enactment, except as 



313 



Ord. No. 263 



otherwise specifically required herein. Any benefits payable shall be paid 
prospectively firom the date of enactment . 

Approved September 23, 1993 

KURT L. SCHMOKE, Mayor 



ENROLLED COPY 

CITY OF BALTIMORE 
ORDINANCE NO. 263 

(Coimcil Bill No. 565) 

AN ORDINANCE concerning 

EMPLOYEES' RETIREMENT SYSTEM 
PROPOSED PLAN IMPROVEMENTS 

FOR the purpose of amending the definition of Average Final 

Compensation; amending the definition of Covered Compensation 
for Qass C members; providing for full retirement benefits for Gass 
A, B, or C members with thirty or more years of service, regardless 
of age and employed on or after June 29, 1993; amending the 
eligibilty requirements for pre-employment military service credit for 
Gass C members who are age 65 or have thirty or more years of 
service; increasing the retirement benefit for Qass A. B« and C 
members and providing that the current Class C benefit formulas 
will not apply to members employed on or after Jime 29, 1993; and 
providing for 1% minimum and 5% maximum annual post 
retirement benefit increases beginning in January 1994. 

BY repealing and reordaining with amendments 
Article 22 - Retirement Systems 
Subtitle - Employees' Retirement System 
Section 1(11), 1(30), 6(a)(1) -6(a) (4), 9(d)(2), 9(e), 9(f), 

17(a)-174i^iel 
Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL 
OF BALTIMORE, That Section(s) of the Baltimore Qty Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 



314 



Ord. No. 263 



ARTICLE 22 - RETIREMENT SYSTEMS 

Employees' Retirement System 

1. Definitions. 

(11) AVERAGE FINAL COMPENSATION: 

(D FOR ANY MEMBER WHO TERMINATES EMPLOYMENT 
WITH THE CITY PRIOR TO JANUARY 1, 1994, EXCEPT AS NOTED IN 
SUBPARAGRAPHS (A) AND (B) BELOW, "Average Final Compensation" 
shall mean the average annual eamable compensation for any period of 
three (3) successive years of service during which his eamable 
compensation was highest; or if he had less than three (3) years of 
service, then the average annual eamable compensation during his total 
years of service. Tamable compensation" shall mean the annual salary 
authorized for the member. It shall not include overtime pay, 
differential pay, environmental pay, hazardous duty pay, pay for 
conversion of leave or other fringe benefits, or any like additional 
payments. 

Beginning with the first day of the first full pay period after July 
1, 1975, the provisions of this paragraph shall apply to members who 
retired on or after April 19, 1974, up to and including June 30, 1975. 
However, no retroactive payments shall be made to members who 
retired before July 1, 1975. 

Beginning July 1, 1975, the provisions of this paragraph shall 
apply to all members who retire on or after July 1, 1975. 

[(11-a)] (A) For members who retired during the period beginning 
with July 1, 1973. up to and including April 18, 1974, the term 
"average final compensation" shall be the same as is provided in 
paragraph (11) (I); however, no retroactive payments shall be made 
with respect to any period prior to the first day of the first full pay 
period after July 1, 1975. It is further provided with respect to 
members who retired during the period July 1, 1973, through April 18, 
1974, inclusive, or their beneficiaries, that they shall receive the 
adjustment required under this paragraph to the extent that it exceeds 
the benefit provided under Section 6(n) and Section 6(o) of this article 
as amended from time to time. 

[(11-b)] (B) Beginning July 1, 1984, any member who retired 
between January 1, 1926 and April 18, 1974, or the member's 



315 



Ord. No. 263 



beneficiary, shall have the retirement allowance portion of the total 
retirement benefit recalculated on the member's average final 
compensation as defined in subsection (11)(D of Section 1. The total 
difference between the average final compensation calculated at the 
time of retirement and the calculation based on average final 
compensation based on 3 years shall be added to the present armual 
allowance being received. However, no retroactive payments for any 
increases shall be made to eligible beneficiaries of deceased members 
and members retired before April 19, 1974. 

(ID FOR ANY MEMBER WHO IS AN EMPLOYEE ON OR AFTER 
JANUARY 1, 1994, "AVERAGE FINAL COMPENSATION" SHALL MEAN 
THE AVERAGE OF THE MEMBER'S ANNUAL EARNABLE 
COMPENSATION ON JANUARY 1 FOR THREE SUCCESSIVE YEARS 
WHILE IN OF SERVICE AN» WHEN THE MEMBER'S EARNABLE 
COMPENSATION IS THE HIGHEST. IF THE MEMBER IS IN SERVICE 
ON JANUARY 1 FOR LESS THAN THREE SUCCESSIVE YEARS, THEN 
AVERAGE FINAL COMPENSATION SHALL MEAN THE AVERAGE 
ANNUAL EARNABLE COMPENSATION DURING HIS TOTAL YEARS OF 
SERVICE. "EARNABLE COMPENSATION" SHALL MEAN THE ANNUAL 
; "^ SALARY AUTHORIZED FOR THE MEMBER. IT SHALL NOT INCLUDE 

I ^ OVERTIME PAY, DIFFERENTIAL PAY, ENVIRONMENTAL PAY, 

I ':S HAZARDOUS DUTY PAY, PAY FOR CONVERSION OF LEAVE OR 

? r* OTHER FRINGE BENEFITS, OR ANY LIKE ADDITIONAL PAYMENTS. 



o 



(30) COVERED COMPENSATION: 

[(30)] (D FOR ANY CLASS C MEMBER WHO WAS AN EMPLOYEE 
ON OR AFTER JUNE 28, 1991, AND WHO TERMINATES EMPLOYMENT 
WITH THE CITY ON OR BEFORE JUNE 28,1993, "Covered 
Compensation" shall mean for any member on any date, an aimual 
amount determined on the basis of the Federal Social Security Act as in 
effect on the first day of the fiscal year during which the determination 
is made. Such armual amount shall equal the average of the taxable 
wage bases (as defined herein) in effect for each calendar year during 
the 35 year period ending with the calendar year which ends 
immediately prior to the earlier of (a) July 1 of the fiscal year in which 
the member terminates Qty employment or (b) the calendar year in 
which the member attains age 65. 'Taxable wage base" means, with 
respect to any calendar year, the maximum amount of earnings which 
may be considered wages under Section 3121 (a)(1) of the Internal 
Revenue Code of 1986, as amended. 



316 



Ord. No. 263 



(ID FOR ANY CLASS C MEMBER WHO WAS AN EMPLOYEE 
ON OR AFTER JUNE 29, 1993, "COVERED COMPENSATION" SHALL 
MEAN FOR ANY MEMBER ON ANY DATE, AN ANNUAL AMOUNT 
DETERMINED ON THE BASIS OF THE FEDERAL SOCLU SECURITY 
ACT AS IN EFFECT ON THE FIRST DAY OF THE FISCAL YEAR DURING 
WHICH THE DETERMINATION IS MADE. SUCH ANNUAL AMOUNT 
SHALL EQUAL THE AVERAGE OF THE TAXABLE WAGE BASES (AS 
DEFINED HEREIN) IN EFFECT FOR EACH CALENDAR YEAR DURING 
THE 35 YEAR PERIOD WHICH ENDS WITH THE CALENDAR YEAR 
PRIOR TO THE EARLIER OF: (A) THE JANUARY 1 WHICH IS ONE 
YEAR PRIOR TO JANUARY 1 OF THE CALENDAR YEAR IN WHICH THE 
MEMBER TERMINATES EMPLOYMENT WITH THE CITY OR (B) 
JANUARY 1 OF THE CALENDAR YEAR IN WHICH THE MEMBER 
ATTAINS AGE 65. TAXABLE WAGE BASE" MEANS, WITH RESPECT 
TO ANY CALENDAR YEAR, THE MAXIMUM AMOUNT OF EARNINGS 
WHICH MAY BE CONSIDERED WAGES UNDER SECTION 3121(A)(1) 
OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. 

6. Benefits. 

(a) Service retirement benefits for any Class A or Gass B member 
who was an employee on or after June 29, 1989. Any Qass A or Qass 
B member in service may retire upon his written application to the 
Board of Trustees setting forth at what time, not less than thirty (30) 
days nor more than ninety (90) days subsequent to the execution and 
filing thereof, he desires to be retired, provided that the said member at 
the time so specified for his retirement shall have attained the age of 
sixty (60) and acquired at least five (5) years of service or shall have 
acquired thirty (30) years of service, regardless of age, and 
notwithstanding that, during such period of notification, he may have 
separated from service. 

Upon retirement from service, a Qass A or Qass B member who has 
attained the age of sixty (60), shall be entided to receive the maximum 
service retirement allowance which shall consist of: 

(1) An armuity which shall be the actuarial equivalent of his 
accumulated contributions at the time of retirement; and 

(2) Ci) FOR ANY CLASS A OR B MEMBER WHO RETIRES 
BEFORE JUNE 30, 1993: A pension, which together with his annuity, 
shall be equal to one and eighty-five hundredths of one percent (1.85%) 
in the case of a Qass A member, and one and seven tenths of one 
percent (1.70%) in the case of a Class B member, of his average final 



317 



< 



Ord. No. 263 



compensation multiplied by the nimiber of years of service credit. 
However, for members who terminate employment with the Qty before 
Jime 29, 1990, the preceding sentence shall be read by substituting "one 
and eighty-four hundredths of one percent (1.84%)" for "one and 
eighty-five hundredths of one percent (1.85%)", and by substituting 
"one and sixty-nine hundredths of one percent (1.69%)" for "one and 
seven tenths of one percent (1.70%)". 

m FOR ANY CLASS A OR B MEMBER WHO RETIRES 
AFTER JUNE 29. 1993: A PENSION. WHICH TOGETHER WITH HIS 
ANNUITY. SHALL BE EQUAL TO ONE AND EIGHT HUNDRED SEVENTY 
FIVE THOUSANDTHS OF ONE PERCENT Cl.875%1 IN THE CASE OF A 
CLASS A MEMBER. AND ONE AND SEVEN HUNDRED TWENTY-FIVE 
THOUSANDTHS OF ONE PERCENT (1.725%) IN THE CASE OF A 
CLASS B MEMBER, OF HIS AVERAGE FINAL COMPENSATION 
MULTIPLIED BY THE NUMBER OF YEARS OF SERVICE CREDIT. 

(3) The additional annuity provided as a result of voluntary 
excess contributions permitted imder Sections 8(a)(2) and 8(a)(4) shall 
be payable and shall not be used in determining the pension payable 
imder Section 6(a)(2). 

(4) RETIREMENT WITH THIRTY OR MORE YEARS OF 
SERVICE: 

[(4)] (D Provided, however, that upon -fretirement from 
service,} TERMINATION FROM EMPLQYME>rr WITH THE CITY ON OR 
BEFORE JUNE 28, 1993, a Qass A or Qass B member who has not 
attained the age of sixty (60), but has acquired thirty (30) years or 
more of service, shall be entitled to receive the maximum service 
retirement allowance which shall consist of an annuity as provided for 
in Section 6(a)(1), plus the actuarial equivalent of the pension provided 
for in Section 6(a) (2) ; or such member may elect at the time of 
retirement to have his service retirement allowance deferred to 
commence upon the attainment of age sixty (60), in which event the 
annuity shall be the actuarial equivalent of his accumulated 
contributions, with regular interest accumulated thereon, to age sixty 
(60), and the pension payable shall be in the amount computed as 
provided in Section 6(a)(2). 

For any member who was an employee on or after Jime 29, 
1989, the actuarial equivalent for the purpose of this subsection (a)(4) 
shall be based on a reduction of seventeen himdredths of one percent 
(0.17%) for each full month (or fraction thereof) by which the 



318 



Ord. No. 263 



commencement of his pension precedes his sixtieth (60) birthday. 
However, for members who terminate employment with the Qty before 
June 29, 1990, the preceding sentence shall be read by substituting 
"twenty-one hundreds of one percent (0.21%)" for "seventeen 
hundredths of one percent (0.17%)". 

(ID PROVIDED, HOWEVER, THAT UPON TERMINATION FROM 
E^4PL0YME^JT WTTH THE CITY RETIREMENT FROM SERVICE ON OR 
AFTER JUNE 29, 1993, A CLASS A OR CLASS B MEMBER WHO HAS 
ACQUIRED THIRTY OR MORE YEARS OF SERVICE, REGARDLESS OF 
AGE, SHALL BE ENTITLED TO RECEP^ THE MAXIMUM SERVICE 
RETIREMENT ALLOWANCE WITHOUT REDUCTION. THE ALLOWANCE 
SHALL BE BASED ON THE MEMBER'S SERVICE AND AVERAGE FINAL 
COMPENSATION AT THE TIME OF TERA^I>JATIQN FROM 
EMPLOYMENT RETIREMENT FROM SERVICE AND SHALL CONSIST OF 
AN ANNUITY AS PROVIDED FOR IN SECTION 6(A)(1), PLUS THE 
PENSION PROVIDED FOR IN SECTION 6(A)(2). 

9. Gass C Membership 

(d) Rights of Servicemen. 

(2) Notwithstanding any other provision of this subtitle, upon 
proper application to the Retirement System, credit for military service, 
as defined in Section 9(d)(1) of this subtitie, shall be granted to any 
Qass C Member who has served in the military prior to employment 
with the Qty, provided said member has acquired at least ten (10) years 
of service at the Normal Retirement Date of age sixty-five (65), or has 
acquired thirty-five (35) years of service at age sixty-two (62), IF THE 
MEMBER TERMINATES EMPLOYMENT ON OR BEFORE JUNE 28, 
1993, OR HAS ACQUIRED THIRTY OR MORE YEARS OF SERVICE, 
REGARDLESS OF AGE, IF THE MEMBER TERMINATES EMPLOYMENT 
ON OR AFTER JUNE 29, 1993, prior to such application. HOWEVER, 
FOR A MEMBER WHO TERMINATES EMPLOYMENT ON OR AFTER 
JUNE 29. 1993. THE PRECEDING SENTENCE SHALL BE READ BY 
SUBSTITUTING "AGE SDCFY-TWO (62)" FOR "AGE SDOY-FIVE (65)". 

However, a member shall not be awarded credit if he has received 
credit for a period of military service under another retirement system, 
for which retirement benefits have been or will be received by him; 
however, this exclusion does not apply to any such credit provided 
through Federal Old-Age and Survivors Insurance (Social Security), or 
to any benefits provided under Title 3 or Tide 10, Chapter 67, Sections 
1331 through 1337 of the U.S. Code. In addition, the military service 



319 



Ord. No. 263 



credit herein provided shall not exceed three (3) years. The Qty shall 
make all necessary contributions to the pension and annuity funds for 
the funding of military service credit. The Board of Trustees is hereby 
authorized to issue rules and regulations to carry out the provisions of 
this section, notwithstanding any present rules and regulations to the 
contrary. Th e pro\qcions of thic ccction shall apply to all Clafic C 
rotiroec, r e gardl e sc of th e ir dato of retir e ment, provid e d that at th e time 
of r e tir e ment th e retir ee m e t th e ag e and c e r^lco r e quir e ments stat e d 
abov e 1 

(e) Service retirement benefits. Any Qass C member in Service 
may retire upon his written application to the Board of Trustees setting 
^ ^ forth at what time, not less than thirty (30) days nor more than ninety 

f ^ (90) days subsequent to the execution and filing thereof, he desires to 

C 3 be retired, provided that the said member at the time so specified for 

(II ':2 his retirement shall have complied with the applicable provisions of the 

i !^ retirement benefit applied for. 

Jo 

^'^'^ (1) Normal retirement for any Qass C member who was an 

J 2: employee on or after June 29, 1989, AND WHO TERMINATES 

I g EMPLOYMENT ON OR BEFORE JUNE 28, 1993. This sub-section 

1 5 9(e)(1) shall not apply to Qass C members who became employees 

f ^ after June 27, 1991. Any Qass C member, who has acquired at least 

■^ CJ five (5) years of service at the normal retirement date of age sixty-five 

-» (65), shall have a nonforfeitable right to receive a maximum pension 

'" commencing at the normal retirement date, age sixty-five (65), or an 

optional pension which shall be the actuarial equivalent of the 

maximum pension as provided in Section 9(m). In addition, any Qass 

C member who has not attained the normal retirement date of age 

sixty-five (65), but who has acquired thirty (30) years of service and has 

attained the age of at least sixty-two (62), shall be entitled to receive a 

maximum pension calculated as if the member had attained his normal 

retirement date, age sixty-five (65). The maximum pension shall be 

equal to one and eighty-five hundredths of one percent (1.85%) of the 

member^s average final compensation multiplied by his years of service 

(and fractions thereof) reduced by one and thirty-three hundredths of 

one percent (1.33%) of the member's Primary Social Security Benefit 

multiplied by his years of service (and fractions thereof) not to exceed 

thirty (30). However, for members who terminate employment with the 

Qty before June 29, 1990, the preceding sentence shall be read by 

substituting "one and eighty-four hundredths of one percent (1.84%)" 

for "one and eighty-five hundredths of one percent (1.85%)", and by 

substituting "one and thirty-seven hundredths of one percent (1.37%)" 

for "one and thirty- three hundredths of one percent (1.33%)". 

320 



Ord. No. 263 



Effective June 28, 1992, the maximum pension for any Qass C 
member who was an employee on or after June 28, 1991, and who is 
eligible to retire under the above paragraph shall be the greater of the 
retirement benefit provided in Section 9(e)(1) or Section 9(e)(4). 

(2) Normal retirement for any Qass C member who was an 
employee on or after July 1, 1987, [ but not after ] AND WHO 
TERMINATED EMPLOYMENT ON OR BEFORE June 28, 1989. Any Qass 
C member, who has acquired at least five (5) years of service at the 
normal retirement date of age sixty-five (65), shall have a nonforfeitable 
right to receive a maximum pension commencing at the normal 
retirement date, age sixty-five (65), or an optional pension which shall 
be the actuarial equivalent of the maximum pension as provided in 
Section 9(m). In addition, any Qass C member who has not attained 
the normal retirement date of age sixty-five (65), but who has acquired 
thirty (30) years of service and has attained the age of at least sixty-two 
(62), shall be entitled to receive a maximum pension calculated as if the 
member had attained his normal retirement date, age sixty-five (65). 
The maximum p)ension shall be equal to one and seven-tenths percent 
(1.70%) of the member's average final compensation multiplied by his 
years of service (and fractions thereof), reduced by one and five-tenths 
percent (1.5%) of the member^s Primary Social Security Benefit 
multiplied by his years of service (and fractions thereoO not to exceed 
thirty (30). 

(3) Offset to normal retirement benefit. [There shall be offset 
from any normal retirement benefit payable:] ^ 

THERE SHALL BE OFFSET FROM ANY NORMAL RETIREMENT 
BENEFIT PAYABLE [TJthe full amount of any benefit or payment 
currently payable on or after normal retirement on account of 
unemployment compensation insurance under any Federal, State or Qty 
law, when the Qty either pays the cost of said benefit by means of the 
reimbursement method or the Qt/s experience rate is affected as a 
result of the taxing method. 

(4) Normal retirement for any Qass C member who was an 
employee on or after June 28, 1991, AND WHO TERMINATES 
EMPLOYMENT ON OR BEFORE JUNE 28, 1993. Members who became 
employees [after June 27, 1991] ON OR AFTER JUNE 28, 1991, AND 
WHO TERMINATE EMPLOYMENT ON OR BEFORE JUNE 28, 1993, 
shall have their retirement benefit determined under this sub-section 
9(e)(4) without regard to sub-section 9(e)(1). Any Qass C member, 
who has acquired at least five (5) years of service at the normal 



321 



< 

m 



Ord. No. 263 



retirement date of age sixty-five (65), shall have a nonforfeitable right 
to receive a maximum pension commencing at the normal retirement 
date, age sixty-five (65), or an optional pension which shall be the 
actuarial equivalent of the maximum p)ension as provided in Section 
9(m). In addition, any Qass C member who has not attained the 
normal retirement date of age sixty-five (65), but acquired thirty (30) 
years of service and has attained the age of at least sixty-two (62), shall 
be entided to receive a maximum pension calculated as if the member 
had attained his normal retirement date, age sixty-five (65). The 
maximum pension shall be equal to: (a) one and four hundred twenty- 
five thousandths of one percent (1.425%) of the member's average final 
compensation plus four hundred twenty-five thousandths of one percent 
(.425%) of the member's average final compensation in excess of his 
covered compensation, multiplied by his years of service (and fractions 
^ thereof) not in excess of thirty (30), plus (b) one and eighty-five 

hundredths of one percent (1.85%) of the member's average final 
^ ^ compensation multiplied by his years of service (and fractions thereoO 

J in excess of thirty (30). For members who retire on or after June 28, 

^ ''1 1991, and before June 28, 1992, the preceding sentence shall read by 

J ^ substituting "one and forty hundredths of one percent (1.40%)" for "one 

i 5t and four hundred twenty-five thousandths of one percent (1.425%)" 

7 ;< and by substituting "forty-five hundredths of one percent (.45%)" for 

U b* "four hundred twenty-five thousandths of one {percent (.425%)". The 

!* § maximum pension benefit provided by this Section 9(e)(4) shall be 

-^ taken into account when determining the benefit to which a member is 

• entided under Section 9(0 (early retirement). Section 9(h) (postponed 

retirement). Section 9(i) (ordinary disability retirement) and Section 
9(1) (termination of employment). This Section 9(e)(4) is subject to the 
offset set forth in Section 9(e)(3) above. 

Effective June 28, 1992, the maximum pension for any Qass C 
member who was an employee on or after June 28, 1991, and who is 
eligible to retire under Section 9(e)(1) shall be the greater of the 
retirement benefit provided in Section 9(e)(1) or Section 9(e)(4). 

(5) NORMAL RETIREMENT FOR ANY CLASS C MEMBER 
WHO WAS AN EMPLOYEE ON OR AFTER JUNE 29, 1993. 
NOTWITHSTANDING ANYTHING TO THE CONTRARY, ANY CLASS C 
MEMBER, WHO HAS ACQUIRED AT LEAST FIVE YEARS OF SERVICE 
AT THE NORMAL RETIREMENT DATE OF AGE SDOY-FIVE, SHALL 
HAVE A NONFORFEITABLE RIGHT TO RECEIVE A MAXIMUM PENSION 
COMMENCING AT THE NORMAL RETIREMENT DATE, AGE SDOY- 
FIVE, OR AN OPTIONAL PENSION AS PROVIDED IN SECTION 
9(M), WHICH SHALL BE THE ACTUAIUAL EQUIVALENT OF THE 

322 



Ord. No. 263 



MAXIMUM PENSION. IN ADDITION, ANY CLASS C MEMBER WHO 
HAS NOT ATTAINED THE NORMAL RETIREMENT AGE SIXTY-FIVE, 
BUT WHO HAS ACQUIRED THIRTY YEARS OR MORE OF SERVICE, 
REGARDLESS OF AGE, SHALL BE ENTITLED TO RECEIVE A MAXIMUM 
OR OPTIONAL PENSION CALCULATED AS IF THE MEMBER HAD 
ATTAINED HIS NORMAL RETIREMENT DATE, AGE SIXTY-FIVE. THE 
MAXIMUM PENSION SHALL BE EQUAL TO: (A) ONE AND FIFTY- 
HUNDREDTHS OF ONE PERCENT (1.50%) OF THE MEMBER'S 
AVERAGE FINAL COMPENSATION, PLUS THIRTY-FIVE HUNDREDTHS 
OF ONE PERCENT (.35%) OF THE MEMBER'S AVERAGE FINAL 
COMPENSATION IN EXCESS OF HIS COVERED COMPENSATION, 
MULTIPLIED BY HIS YEARS OF SERVICE (AND FRACTIONS THEREOF) 
NOT IN EXCESS OF THIRTY, PLUS (B) ONE AND EIGHTY-FIVE 
HUNDREDTHS OF ONE PERCENT (1.85%) OF THE MEMBER'S 
AVERAGE FINAL COMPENSATION MULTIPLIED BY HIS YEARS OF 
SERVICE (AND FRACTIONS THEREOF) IN EXCESS OF THIRTY. THE 
BENEFIT PROVIDED BY THIS SUBSECTION 9(E)(5) IS SUBJECT TO 
THE OFFSET SET FORTH IN SUBSECTION 9(E)(3) ABOVE. 

(f) Early retirement. 

(1) Any Class C member [who ceases to be employed by the 
Gty and] who has acquired thirty (30) years of service [ , ] AND WHO 
TERMINATES EMPLOYMENT WITH THE CITY ON OR BEFORE JUNE 
28, 1993, or ANY CLASS C MEMBER who has attained age fifty-five 
(55) and has acquired five (5) years of service, shall have a 
nonforfeitable right to receive a maximum pension commencing at the 
normal retirement date of age sixty-five (65), calculated in accordance 
with the following rules: 

(i) The pension shall be determined under Section 9(e) 
based on the member's average final compensation and years of service 
(and fractions thereoO as of the date he ceased being an employee. 

(ii) The offset of the Primary Social Security Benefit will be 
calculated on the assumption that the member would have continued to 
receive until his normal retirement date, age sixty-five (65), 
compensation at the rate in effect at the time of his retirement. 

(2) If such member AS DESCRIBED IN SECTION F(D ABOVE 
elects to have his maximum or optional pension commence prior to 
normal retirement date, age sixty-five (65), the amount of said 
maximum or optional pension shall be permanendy reduced as follows: 



323 



Ord. No. 263 



(i) Thirty or more years of service and employed on or after 
July 1, 1987: 

(a) If a member who was an employee on or after July 
1, 1987 but not after Jime 28, 1989, has at least thirty (30) years of 
service as of the date he ceased being an employee, ^e amount of his 
pension shall be reduced by twenty-five hundredths of one percent 
(0.25%) for each full mondi (or fraction thereoO by which the 
conmiencement of his pension precedes his normal retirement date, age 
sixty-five (65). 

(b) If a member who was an employee on or after Jime 
- ::j 29, 1989, but not after June 27, 1991, has at least thirty (30) years of 

r ^ service as of the date he ceased being an employee, the amount of his 

f ^ pension shall be reduced by seventeen hundredths of one percent 

ft 'lo (0.17%) for each full month (or fraction thereoO by which the 

1 "^ commencement of his pension precedes his normal retirement date, age 

J , sixty-five (65). However, for members who terminate employment with 

^ ^ the Qty before June 29, 1990, the preceding sentence shall be read by 

^ '^ substituting "twenty-one hundredths of one percent (0.21%)" for 

J^ "seventeen hundredths of one percent (0.17%)". 

ij *s* (c) If a member who was an employee on or after Jime 

'- g 28, 1991, AND WHO TERMINATES EMPLOYMENT ON OR BEFORE 

JUNE 28, 1993, has at least thirty (30) years of service as of the date he 
ceased being an employee, the amount of his pension shall be reduced 
by seventeen hundredths of one percent (0.17%) for each full month 
(or fraction thereoO by which the conmiencement of his pension 
precedes his sixty-second birthday. The provisions of this sub- 
paragraph 9(f)(2)(i)(c) become effective June 28, 1992. 

(ii) Less than 30 years of service and employed on or after July 
1, 1987: 

If a member who was an employee on or after July 1, 1987, has 
less than thirty (30) years of service as of the date he ceased being an 
employee, the amount of his pension shall be reduced by one-one 
hundred and eightieth (1/180) for each of the first sixty (60) months 
(or fraction thereof) by which the commencement of his pension 
precedes his normal retirement date, and by one-three hundred and 
sixtieth (1/360) for each additional month (or fraction thereof) by 
which the commencement of his pension precedes his normal retirement 
date. 



324 



Ord. No. 263 



(iii) Employed prior to July 1, 1987: 

A member who ceased being an employee prior to July 1, 1987, 
shall have his maximum or optional pension calculated according to 
Ordinance 1055 of 1979. If said member elects to have his maximum 
or optional pension commence prior to normal retirement date, age 
sixty-five (65), his maximum or optional pension shall be actuarially 
reduced based upon the unisex table approved by the Board of Trustees 
and known as The Actuarial Reduction for Early Payment Qass C 
Members Only Table, effective August 1, 1983." 

[(2b)] (3) Notwithstanding anything to the contrary in this 
subtitle, should any member appointed for a fixed term set by law not 
be reappointed either voluntarily or involuntarily, after acquiring twenty 
(20) years of service, or should a Qass C member be removed from a 
regular permanent position of the Qty without fault on his or her part 
after the acquisition of 20 years of service (30 years of service if 
removed before July 1, 1987), but has not attained the age of 65, such 
member shall be entitled to receive a retirement benefit based on the 
actual years of service credit and equal to the pension the member 
would receive if he or she had already attained the age of 65, the 
normal retirement age. The reduction contained in Section 9(0(2) of 
this subtitle shall not apply. In addition, FOR ANY MEMBER WHO 
TERMINATES EMPLOYMENT WITH THE CITY ON OR BEFORE JUNE 
28, 1993, the Primary Social Security Benefit will be calculated on the 
assumption that the member would have no earnings after the calendar 
year prior to the year of retirement under this Section 9(f) [(2b)] (3), 
norv\dthstanding the provisions of Section 9(f)(l)(ii) or any other 
provisions of this subtitle which provides for the use of level future 
earnings. 

Effective June 24, 1990, any pre-employment military service 
credit claim shall be subject to the conditions contained in Section 
9(d)(2) of this subtitie, except the military service credit claim shall not 
be subject to the age 65 requirement contained in subsection 9(d)(2). 
However, any benefit for which the member could be eligible shall be 
determined before the military service credit provided for herein is 
added to the service credit acquired by the member. 

Effective December 2, 1991, the provisions of the above 
paragraph shall apply to any member who retired under Section 
9(0 [(2b)] (3). Any increased benefits due to such a retired member 
shall be paid prospectively from the effective date of this ordinance. 



325 



Ord. No. 263 



Furthermore, variable benefits, if any, paid to such a retired member 
shall not be changed as a result of this ordinance. 

[ (3) ] (4) Offset to Early Retirement Benefit. [There shall be 
offset from any Early Retirement Benefit payable:] 

[(i)] THERE SHALL BE OFFSET FROM ANY EARLY 
RETIREMENT BENEFIT PAYABLE [T]the full amount of any benefit or 
payment currently payable on or after Early Retirement on account of 
unemployment compensation insurance under any Federal, State or City 
law, when the Qty either pays the cost of said benefit by means of the 
reimbursement method or the Qty's experience rate is affected as a 
result of the taxing method. 

17. Post retirement benefit increases to certain retirees and 
beneficiaries. 

Each retired member or beneficiary (Classes A, B, and Q who is 
receiving periodic benefits pursuant to the provisions of the Retirement 
System may be eligible for an increase in the amount of such periodic 
benefits subject to the following provisions. 

(a) Eligibility. Each member who has retired from active service, 
whether before or after the effective date of this ordinance, and each 

i 5, beneficiary of a deceased member who is or will be receiving periodic 

^^ retirement benefits, whether before or after the effective date of this 

i ordinance, and who receives periodic benefit payments for two (2) or 

more years may be eligible for an increase in such periodic benefit 
determined according to this Section 17. Such two year period shall be 
calculated commencing with the effective date of the first retirement 
benefit payment paid to either the retired member or the beneficiary of 
a deceased member and shall be determined on June 30 of each year 
commencing with June 30, 1983. Years retired as a beneficiary of a 
former retired member shall include the years that the member was 
retired. Eligible members and beneficiaries are also referred to herein 
as "persons". 

(b) Amount of benefit increase. As of the end of each Fiscal Year, a 
determination shall be made of the amoimt of increase (if any) of 
retirement benefit payments which may be payable to eligible persons. 
The amount of retirement benefit increase shall be calculated with 
reference to excess investment earnings of the Annuity Reserve Fund 
and the Pension Reserve Fimd only, and according to the method 
described in (c) below. 

326 



Ord. No. 263 



After determination of the amount of excess investment earnings 
available for retirement benefit increases, such excess investment 
earnings shaD be allocated to eligible retired members and beneficiaries 
according to the foUov^g method. The percentage which the benefits 
shall be increased shall be determined by the actuary as the amount 
that the investment earnings determined in (c) below would be 
sufficient to fund on a single premium paid up annuity basis using the 
actuarial valuation assumptions on the June 30th preceding the effective 
date of the increase. 

(i) Effective as of January 1, 1984, an increase may be payable 
to each retiree or beneficiary eligible pursuant to subsection (a) of this 
section as of June 30, 1983. 

(ii) Until the benefit increase objectives set forth in (iii) below 
have been met, the allocation to eligible persons shall be made with 
reference to the number of full continuous years that each person has 
been receiving retirement benefits from this plan and the amount of 
each person's benefit being paid as of June 30, 1983. A percentage 
factor will be determined by the actuary to increase benefits to those 
eligible. The percent increase in an eligible member's or beneficiary's 
benefit will equal the f>ercentage factor times full years which the 
member or beneficiary has been receiving benefits. No fractional years 
will be used. 

(iii) The allocation method set forth in (ii) above shall apply 
only until the following benefit increase objectives have been met: 



Date benefit 


Percent 


Date benefit 


Percent 


payments began 


increase 


payments began 


increase 


7/1/80-6/30/81 


1.0% 


7/1/70-6/30/71 


11.0% 


7/1/79-6/30/80 


2.0% 


7/1/69-6/30/70 


12.0% 


7/1/78-6/30/79 


3.0% 


7/1/68-6/30/69 


13.0% 


7/1/77-6/30/78 


4.0% 


7/1/67-6/30/68 


14.0% 


7/1/76-6/30/77 


5.0% 


7/V66-6/30/67 


15.0% 


7/1/75-6/30/76 


6.0% 


7/1/65-6/30/66 


16.0% 


7/1/74-6/30/75 


7.0% 


7/1/64-6/30/65 


17.0% 


7/1/73-6/30/74 


8.0% 


7/1/63-6/30/64 


18.0% 


7/1/72-6/30/73 


9.0% 


7/1/62-6/30/63 


19.0% 


7/ V71 -6/30/72 


10.0% 


before 7/1/62 


20.0% 



After the above objectives have been met, the allocation of new 
excess investment earnings shall be made without reference to the 
number of years any member or beneficiary has been receiving benefits. 



327 



Ord. No. 263 



The allocation to eligible persons shall then be made by the actuary on 
an equal percentage basis. 

(iv) For each June 30th after June 30, 1983, the 
determination of the amount of excess investment earnings and 
allocation of such earnings to eligible persons shall be calculated using 
the appropriate metho^' outlined in (ii) or (iii) above with the amount 
of distribution and the allocation of such amount being calculated as of 
the end of the Fiscal Year, with any increase to commence effective as 
of the following January 1. 

The benefit increase payable pursuant to this section shall be 
payable in the same form as the basic benefit being received by the 
eligible person. 

(c) Amount of investment income to be used to increase benefits. 

(1) Notwithstanding, Section 7 as it applies to excess earnings, 
the amount of excess investment earnings available as of each June 30 
(PRIOR TO JUNE 30, 1993) for an increase in benefits will be equal to 
the product of (i), (ii) and (iii) below. Each item below except for item 
(ii) under this subsection (c) is determined as of each June 30th 
beginning with June 30, 1983, and any benefit increase shall become 
effective as of the following January 1. Item (ii) below is determined as 
of the June 30th that is eighteen (18) months prior to the effective date 
of the benefit increase, beginning with June 30, 1982. 

(i) The dollar amount of net excess investment earnings 
determined on the following basis: 

Before the Reserve for Book Value is paid off, net excess 
investment earnings shall be that portion of total fund earnings between 
8% and 10 1/2% of average market value, plus one-half of the fund 
earnings in excess of 10 1/2%; 

After the Reserve for Book Value is paid off, net excess 
investment earnings shall be that portion of total fund earnings between 
7 1/2% and 10% of average market value, plus one-half of fund 
earnings in excess of 10%. 

For purposes of the above calculations, earnings shall be net 
of [investment] expenses and include realized and unrealized gains and 
losses and all other sources of investment gains and losses as shown in 
the actuary's report SUBMITTED PURSUANT TO SECTION 5CP) . The 



328 



Ord. No. 263 



investment return used in this section shall be based on the annual 
return as of each June 30, commencing with the year ending June 30, 
1983. The average market value for the year shall equal one-half of the 
market value of the four funds as of the beginning of the year plus one- 
half of the market value of the funds as of the end of the year minus 
one-half of the earnings during the year. The earnings and market 
values of the funds for the purpose of this section are assumed to be 
equal to the values contained in the actuary's report. Any lat e r audit 
chang e s shall h e ignor e d. 

(ii) The ratio of the sum of the Annuity Reserve Fund plus the 
Pension Reserve Fund to the sum of all four funds: Annuity Savings 
Fund, Annuity Reserve Fund, Pension Accumulation Fund, and the 
Pension Reserve Fund. 

(iii) 3/4 on June 30, 1983 for the initial increase (if any) and 
3/4 for each subsequent year until a Contingency Reserve Fund has 
been accumulated according to the foUovmig method. The remaining 
1/4 of excess investment earnings as of June 30, 1983, and each Jime 
30 thereafter shall be set aside as a Contingency Reserve Fund until the 
value of such fund is at least equal to 2 1/2% of the Annuity Reserve 
Fund and the Pension Reserve Fund as of the end of the most recent 
June 30. The Contingency Reserve Fund shall serve as a reserve to 
insure payment of previously accrued benefit increases for any year in 
which the Paid Up Benefit Fund does not meet its interest assumption. 
While the Board of Trustees may fund increases through the 
establishment of a Paid Up Benefit Fund, it shall also have the option of 
funding any increases through the purchase of annuity contracts from 
one or more insurance companies. For each year when the Contingency 
Reserve Fund is not less than 2 1/2% of the Annuity Reserve Fund and 
the Pension Reserve Fund, the 3/4 fraction shall not apply and the 
amount available to increase benefits shall be the product of (i) and (ii). 

(2) NOTWrrHSTANDING SECTION 7 AS IT APPLIES TO EXCESS 
EARNINGS, THE AMOUNT OF EXCESS INVESTMENT EARNINGS 
AVAILABLE AS OF EACH JUNE 30 (ON OR AFTER JUNE 30, 1993) FOR 
AN INCREASE IN BENEFITS WILL BE EQUAL TO THE PRODUCT OF ^ 
AhJD (ID BELOW. PLUS (IID. PLUS (TV), LESS (V), LESS (VT) PLU ^-W- 

PLUS (\T) ({(T) X nn^ t (III) ^ (m (V) (vd plus (V) plus (V fi . 

(P. (ID. AND (IIP, PLUS. (IV) AND (V) BELOW. THE INCREASE 
PROVIDED BY THE EXCESS EARNINGS CALCULATED HEREIN SHALL 
BE A MINIMUM OF 1% AND A MAXIMUM OF 5% IN ANY ONE YEAR. 



329 



Ord. No. 263 



EACH ITEM BELOW EXCEPT FOR ITEM (II) UNDER THIS 
SUBSECTION (Q(2) IS DETERMINED AS OF EACH JUNE 30 
BEGINNING WITH JUNE 30, 1993, AND ANY BENEFIT INCREASE 
SHALL BECOME EFFECTIVE AS OF THE FOLLOWING JANUARY 1. 
ITEM (ID BELOW IS DETERMINED AS OF THE JUNE 30 THAT IS 
EIGHTEEN MONTHS PRIOR TO THE EFFECTIVE DATE OF THE 
BENEFIT INCREASE. 

(D THE DOLLAR AMOUNT OF NET EXCESS INVESTMENT 
EARNINGS DETERMINED ON THE FOLLOWING BASIS: 

NET EXCESS INVESTMENT EARNINGS SHALL BE THAT 
PORTION OF TOTAL FUND EARNINGS BETWEEN 7 1/2% AND 10% 
- OF AVERAGE MARKET VALUE, PLUS ONE-HALF OF FUND EARNINGS 

;5 IN EXCESS OF 10%. 

52 FOR PURPOSES OF THE ABOVE CALCULATIONS, 

^ EARNINGS SHALL BE NET OF EXPENSES AND INCLUDE REALIZED 

AND UNREALIZED GAINS AND LOSSES AND ALL OTHER SOURCES OF 

-n INVESTMENT GAINS AND LOSSES AS SHOWN IN THE ACTUARYS 

REPORT. THE INVESTMENT RETURN USED IN THIS SECTION SHALL 
BE BASED ON THE ANNUAL RETURN OF EACH JUNE 30. THE 
AVERAGE MARKET VALUE FOR EACH YEAR SHALL EQUAL ONE-HALF 
OF THE MARKET VALUE OF THE ANNUITY SAVINGS FUND, THE 

g ANNUITY RESERVE FUND, THE PENSION ACCUMULATION FUND, 

AND THE PENSION RESERVE FUND AS OF THE BEGINNING OF THE 

H YEAR PLUS ONE-HALF OF THE MARKET VALUE OF THESE FUNDS AS 

OF THE END OF THE YEAR MINUS ONE-HALF OF THE EARNINGS 
DURING THE YEAR. THE EARNINGS AND MARKET VALUES OF 
THESE FUNDS FOR THE PURPOSE OF THIS SECTION ARE ASSUMED 
TO BE EQUAL TO THE VALUES CONTAINED IN THE ACTUARYS 
REPORT. x^JY Lx^TER AUDIT CHANGES SR^LL BE IGNORED. 

(ID THE RATIO OF THE SUM OF THE ANNUITY RESERVE 
FUND PLUS THE PENSION RESERVE FUND TO THE SUM OF THE 
FOLLOWING FOUR FUNDS: ANNUITY SAVINGS FUND, ANNUITY 
RESERVE FUND, PENSION ACCUMULATION FUND, AND THE 
PENSION RESERVE FUND. 

(IID Abl ADDmONAL AJ^U^WAL xM^/IOmJT OF ONE 
TWENTIETH OF THE ASSETS IN THE GO^m^JGENCY RESER\^ FUND. 
THIS MIQUNT WILL BE TRAhJSFERRED FROM THE CQ^m^JGE^JCY 



330 



Ord. No. 263 



RESER\^ FU>JD TO THE PAID UP BENEFIT FU^JD IN THE MONTH OF 
THE BENEFIT INCR£. . \SE. 

Clio 3/4 ON JUNE 30. 1993 AND 3/4 FOR EACH 
SUBSEQUENT YEAR UNTIL A CONTINGENCY RESERVE FUND HAS 
BEEN ACCUMULATED ACCORDING TO THE FOLLOWING METHOD. 
THE R ^^ GAINING 1/4 OF EXCESS INVESTMENT EARNINGS AS OF 
JUNE o^, 1993. AND EACH JUNE 30 THEREAFTER SHALL BE SET 
ASIDE AS A CONTINGENCY RESERVE FUND UNTIL THE VALUE OF 
SUCH FUND IS AT LEAST EQUAL TO 2 1/2% OF THE ANNUITY 
RESERVE FUND AND THE PENSION RESERVE FUND AS OF THE END 
OF THE MOST RECENT JUNE 30. THE CONTINGENCY RESERVE 
FUND SHALL SERVE AS A RESERVE TO INSURE PAYMENT OF 
PREVIOUSLY ACCRUED BENEFIT INCREASES FOR ANY YEAR IN 
WHICH THE PAID UP BENEFIT FUND DOES NOT MEET ITS INTEREST 
ASSUMPTION. WHILE THE BOARD OF TRUSTEES MAY FUND 
INCREASES THROUGH THE ESTABUSHMENT OF A PAID UP BENEFIT 
FUND. IT SHALL ALSO HAVE THE OPTION OF FUNDING ANY 
INCREASES THROUGH THE PURCHASE OF ANNUITY CONTRACTS 
FROM ONE OR MORE INSURANCE COMPANIES. FOR EACH YEAR 
WHEN THE CONTINGENCY RESERVE FUND IS NOT LESS THAN 2 
1/2% OF THE ANNUITY RESERVE FUND AND THE PENSION RESERVE 
FUND. THE 3/4 FRACTION SHALL NOT APPLY. 

(IV) ANY ADDITIONAL AMOUNT OF FUNDS NEEDED 
(ABOVE THOSE PROVIDED BY PARAGRAPHS (I) TIMES (II) PfcUS 
TIMES (IID) TO PROVIDE A MINIMUM BENEFIT INCREASE OF 1%. 
THIS AMOUNT WILL BE TRANSFERRED FROM THE CONTINGENCY 
RESERVE FUND TO THE PAID UP BENEFIT FUND IN THE MONTH OF 
THE BENEFIT INCREASE. 

(\0 i^>JY PRIOR DEFICIT NOT YET PJ:CQ\^RED DUE TO 
PRO\TDING THE 1% MI^JIMUM I>JCRR^E IN A PRIOR C^CUL.^TIQN 
L^rDER Pi < \Pu\GPuAJH (I\0. THIS RECOVERY WILL BE DELAYED TO 
THE EXTE>rr TIL^T IT WOULD RESULT IN A CURPJ:^^^ INCRE^^E OF 
LESS THMl 1%. 

m^(V) ANY NET FUNDS PROVIDED UNDER PARAGRAPHS 
(I) TO W iJVl ABOVE THAT WOULD RESULT IN A VARJABLE 
BENEFIT INCREASE GREATER THAN 5%. SUCH EXCESS FUNDS 
SHALL BE USED TO PROVIDE AN INCREASE IN THE FOLLOWING 
YEAR YEARS WHICH SHALL BE IN ADDITION TO THE NORMAL 
VARJABLE BENEFIT INCREASE PROVIDED THE COMBINED INCREASE 
DOES NOT EXCEED THE 5% LIMIT ON INCREASES. CARRIED OVER 



331 



Ord. No. 263 



EXCESS FUNDS SHALL NOT BE USED TO PROVIDE THE 1% MINIMUM 
BENEFIT OR TO OFFSET ANY PRIOR DEFICIT IN PARAGRAPH PA 
(TV) . 

(d) Paid Up Benefit Fund and Contingency Reserve Fund. 

(i) The existence of a Paid Up Benefit Fund and a 
Contingency Reserve Fund is hereby specifically authorized, Section 8 to 
the contrary notwithstanding. 

(ii) The Paid Up Benefit Fund shall be the primary fund from 
which shall be paid all benefit increases provided under this section. 
The Paid Up Benefit Fund shall be funded with excess investment 
:;• earnings consistent with (c) above. For any year in which the 

^ investment return of the Paid Up Benefit Fund exceeds the interest 

;n assumption on which the purchase of paid up benefits is based, such 

lo excess shall remain in the fund and thereby help insure payment of 

i previously accrued benefit increases. 

^T (iu) PRIOR TO JUNE 30, 1993, [T]The Contingency Reserve 

^ Fund shall be a reserve to insure payment of previously accrued benefit 

> increases for any year in which the Paid Up Benefit Fund does not meet 

< its interest assumption. Should there be a deficit in the Paid Up Benefit 

v. Fund, the Board of Trustees shall transfer assets from the Contingency 

^ Reserve Fund to the Paid Up Benefit Fund in order to offset such deficit. 

The Contingency Reserve Fund shall be funded v\dth excess investment 
H earnings consistent with (c) above. For any year in which the value of 

the Contingency Reserve Fund is equal to or exceeds 2 1/2% of the 
Annuity Reserve Fund and the Pension Reserve Fund, earnings on the 
Contingency Reserve Fund shall be applied by the Board of Trustees in 
such amount or amounts as they determine (1) to decrease the amount 
contributed by the Qty of Baltimore and/or (2) to decrease the period 
over which the imfunded accrued liability will be amortized. 

4R9 ON x^ND x\FTER JUNE 30, 1993, THE PURPOSE OF 

THE CONTD>JGE>JCY RESER\^ FU^JD SliALL CHx^^JGE. NO 
ADDmONx^L ASSETS (OTHER THi^>J Ex^R^JD^JGS ON THIS FU^JD) 
SHxALL BE TRx^^JSFERRED INTO THIS FU^JD. D^J Jx^^JUx^RY OF EACH 
YEx^ CBEGD>JNI>JG WITH JxM^IUx^RY 199^) 0>JE TWENTIETH OF THE 
CONTn>JGENCY RESERVE F^fD Bx^L\>JCE SHxUL BE TRx^^JSFERRED 
TO THE Px^ID UP BENEFIT ¥\JND AS REQUIRED U^[DER Px^Rx\GRAPH 
(C)(3)aiD ABOVE x^^JD AN EQUAL xUlOWJT SHx^LL BE TPa^^JSFERRED 
TO THE PENSION x^CCUMULx^TION FUND. THE x\SSETS 
TRx^NSFERRED TO THE PE^fSION ACCUMULx^TIO^f FU>JD SHx^LL BE 



332 



Ord. No. 263 



USED TO REDUCE THE CITTS REQUIRED CQ^^^RIBUTIQN 
CONTRIBUTIONS TO THE SYSTEM . 

(TV) ON AND AFTER JUNE 30. 1993, THE CONTINGENCY 
RESERVE FUND SHALL BE A RESERVE TO INSURE PAYMENT OF 
PREVIOUSLY ACCRUED BENEFIT INCREASES FOR ANY YEAR IN 
WHICH THE PAID UP BENEFIT FUND DOES NOT MEET ITS INTE ^ ^ST 
ASSUMPTION. IN ADDITION, THE CONTINGENCY RESERVE FUND 
SHALL BE USED TO PROVIDE THE MINIMUM 1% BENEFIT 
CONSISTENT WITH PARAGRAPH 17(0 ABOVE. SHOULD THERE BE A 
DEFICrr IN THE PAID UP BENEFIT FUND. THE BOARD OF TRUSTEES 
SHALL TRANSFER ASSETS FROM THE CONTINGENCY RESERVE FUND 
TO THE PAID UP BENEFFT FUND IN ORDER TO OFFSET SUCH 
DEFICIT. THE CONTINGENCY RESERVE FUND SHALL BE FUNDED 
WITH EXCESS INVESTMENT EARNINGS CONSISTENT WITH (O 
ABOVE. 

[(iv)] (V) The Board shall have the duty and responsibility of 
periodically determining investment policies for the Paid Up Benefit 
Fund and the Contingency Reserve Fund, and such policies shall be 
consistent with the limitations set forth in this section. 

[(v)] (VT) The Board shall segregate or invest separately the 
Paid Up Benefit Fund and the Contingency Reserve Fund, Furthermore, 
while the Board is empowered to invest and reinvest such funds in any 
class of investment set forth at Section 7, the Board is specifically 
empowered to invest and reinvest the Paid Up Benefit Fund and/or the 
Contingency Reserve Fund in the medium of paid up annuity contracts 
or guaranteed investment contracts purchased from one or more 
insurance companies, provided that any such insurance company shall 
have no less than the highest rating from A.M. Best Company or a 
comparable company. [If, in the purchase of such an annuity contract, 
the single premium paid up annuity cost offered by such insurance 
company results in a cost savings to the retirement system, the amount 
of such cost savings shall be applied by the Board in such amounts as 
they determine (1) to decrease the amount contributed by the Qty, 
and/or (2) to decrease the period over which the unfunded accrued 
liability will be amortized.] 

(e) Benefit increases to be paid only from Paid Up Benefit Fund 
and Contingency Reserve Fund. 

(i) Any benefit increase provided under this section shall be 
funded on a single premium paid up annuity basis. The words "Single 



333 



Ord. No. 263 



Premium paid up amiuity basis" shall have the common actuarial 
meaning of spreading the amount available to provide a benefit over the 
lifetime of an individual in the form of an annuity. It is intended that 
any such benefit increase shall continue for the lifetime of the eligible 
member and any beneficiary, consistent with any option elected under 
Section 6 or 9. -fThe foregoing Contingency Reserve Fund has been 
established to insure payment of previously accrued benefit increases for 
any year in which the Paid Up Benefit Fund does not meet its interest 
assumption.} 

gf) EFFECTD . ^ JUNE 30, 1993, SUFFICIENT ASSETS 

SHALL BE TPa/\>JSFERRED FROM THE PENSION ACCUMUIu^TION 
¥\JND TO THE PAID UP BEJ^JEFIT FUND ON AN ANhlVAL Bx^SIS TO 
ALLOW THE PAID W BENEFU FU>JD VALUE TO AT LEx\ST EQUx^L 
THE PPJ;SE^JT VALUE OF ALL PAST x^ND CURRE^^^ V^^RL^BLE 
BENEFIT I^JCREASES. NOTWITHSTx^NDING THE PRECH MNG 
SENTE>JCE, Tbl NO EVFJ^rT SHx^LL THE x^MOU^JT OF TRi < \NSFER FROM 
THE PE^JSION ACCm/IULx^TION FU^JD TO THE Px'UD UP BENEFIT 
FUND BE LESS THAN THE ASSETS DETERN^INED BY Px\R.^GRx^PHS 
(C)(2)(r) TIMES (C)(3) (II) PLUS (C)(3)(I\0. NO x\SSETS ARE TO BE 
TRANSFERRED FROM THE PAID UP BENEFIT F^JD TO THE PENSION 
ACCUMULx^TION FU>JD. 

^(ii)} m^ PRIOR TO JUNE 30, 1993, [T]the granting of any 
«2 benefit increase under this section is contingent on the performance of 

the Retirement System's investment funds. ON AND AFTER JUNE 30, 
H 1993, THE GRANTING OF ANY BENEFIT INCREASE UNDER THE 

PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO THE 1% 
MINIMUM BENEFIT PROVIDED FOR IN PARAGRAPH 17CC). The 
continuation of any benefit increase previously accrued under this 
section is specifically made contingent on the ability of the Paid Up 
Benefit Fund and the Contingency Reserve Fund to provide such 
benefits in the future. Section 10 and Section 42 to the contrary 
notwithstanding, any benefit increase provided under this section shall 
not become an obligation of the Qty of Baltimore. In the event of any 
conflict between Section 10 and/or Section 42 and this section, the 
terms of this section shall prevail. 

■t(iii)a- 41V^- PPJOR TO JU^JE 30, 1993, [I] If the performance 

of the Retirement System's investment funds causes a decline in the 
value of the Paid Up Benefit Fund and the Contingency Reserve Fund, 
with the result that full benefit increases previously accrued under this 
section cannot be continued, then the Trustees can reduce or eliminate 
previously accrued increases on an equal percentage basis, effective as 

334 



Ord. No. 264 



of January 1 following the June 30 on which a deficit exists. An equal 
percentage reduction shall be made to all benefits granted under this 
section regardless of when such increases were granted. If the Paid Up 
Benefit Fund and the Contingency Reserve Fund should become 
exhausted or decline in value to the point of having no value, previously 
accrued increases shall be eliminated in full. Any excess investment 
earnings available under (c) above in a subsequent year shall be used to 
provide an increase in benefits without regard to any prior reduction or 
elimination of benefit increases previously accrued. 

(V) EFFECTIVE JU^^E 3Q> 1993> THE ABOVE Px^RAGRAPHS (IID 
AND (IV) SHALL NO LONGER .^PPLY. HOWEVER, THE GRANTING OF 
ANY FUTURE BENEFIT D^JCREASE UNDER THIS SECTION, OTHER 
THi^uN THE 1% MINIMm^, WILL SOLELY BE CO^mNGE^JT ON THE 

PERFOR^lI^^JCE of the funds and reMiWjit^jg assets I^J the 

CONTT^iGENCY RESERVE FUND. THE PROVaSIONS OF SECTIONS 10 
A^m A2 SHa^LL x^PPLY TO THIS SECTION INCLUDI^JG PRIOR 
I^ ^ 'CRR^SE$. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on th e 30th day after the date of its enactment and any 
benefits payable shall be paid prospectively from the date of enactment . 

Approved September 23, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 264 

(Council Bill No. 629) 

AN ORDINANCE concerning 

CITY PROPERTY - SALE 

FOR the purpose of authorizing the Mayor and Qty Council of 

Baltimore to sell either at public or private sale all the interest of 
the Mayor and Qty Council of Baltimore in and to a certain parcel 
of land and improvements located at 1809 Ashland Avenue and 
822, 824. 825 and 827 N. Durham Street, Baltimore, Maryland, said 
parcel of land and improvements being no longer needed for public 
use. 



335 



> 



Ord. No. 265 



BY authority 

Article V - Comptroller 

Section 5(b) 

Baltimore Qty Qiarter (1983 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL 
OF BALTIMORE, That the Comptrolk of Baltimore City be and she is 
hereby authorized to sell at either puDlic or private sale in accordance 
with Article V, Section 5(b) of the Qty Charter (1964 Revision, as 
amended) all of the interest of the Mayor and Qty Council of Baltimore 
in and to that parcel of land and improvements situate in Baltimore, 
Maryland, and described as follows: 

1809 Ashland Avenue and 

825 and 827 N. Durham Street 

(Ward 7, Section 6, Block 1602, Lots 41, 78 & 79) 

a 6,117+ square foot parcel of land improved with 

a two story former police station 

and 

822 and 824 North Durham Street 

(Ward 7, Section 6, Block 1602, Lots 80 and 81) 

Said property being no longer needed for public use. 

SEC. 2. BE IT FURTHER ORDAINED, That no deed or deeds shall 
pass in accordance herewith until the same shall have been first 



H approved by the City Solicitor. 



SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approved October 19, 1993 

KURT L. SCHMOKE, MAYOR 



CITY OF BALTIMORE 
ORDINANCE NO. 265 
(Council Bill No. 641) 
AN ORDINANCE concerning 

SOUTH AFRICA - PURCHASES AND INVESTMENTS 

336 



Ord. No. 265 



FOR the purpose of repealing provisions of Article 1 of the Baltimore 
Gty Code prohibiting purchases from South Africa; and repealing 
provisions of Article 22 of the Baltimore City Code prohibiting 
Retirement Systems' investment in firms doing business in or with 
South Africa. 

BY repealing 

Article 1 - Mayor, Qty Council, and Municipal Agencies 

Subtide - Purchases from South Africa 

Section 239 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

BY repealing 

Article 22 - Retirement Systems 

Subtide - Employees' Retirement System 

Section 7(a)(1) 

Baltimore Gty Code (1983 Replacement Volume, as amended) 

BY repealing 

Article 22 - Retirement Systems 

Subtitle - Elected Officials' Retirement System 

Section 23(b) 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

BY repealing 

Article 22 - Retirement Systems 

Subtitle - Fire and Police Employees 

Section 35(a)(1) 

Baltimore Qty Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL 
OF BALTIMORE, That Section(s) of the Baltimore Qty Cbde (1983 
Replacement Volume, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 1 - MAYOR, CITY COUNCIL, AND MUNICIPAL AGENCIES 

[Purchases from South Africa 
239. Purchases. 

The Qt/s Purchasing Agent shall use best efforts not to procure 
finished supplies or material components of finished supplies produced 
in South Africa, and shall develop regulations to be approved by the 
Board of Estimates to implement that purpose.] 



337 



Ord. No. 265 

ARTICLE 22 - RETIREMENT SYSTEMS 

Employees* Retirement System 

7. Management of funds. 

(a)[(l)(i) On the first day of the third quarter of fiscal year 1987, 
no monies or funds held under any provision of the retirement system 
shall remain invested or hereinafter be invested in the stocks, securities 
or other obligations of any bank or financial institution which makes 
loans to the Republic of South Africa, or to a national corporation of the 
Republic of South Africa, or in the stocks, securities, or other obligations 
of any company doing business in or with the Republic of South Africa, 
or whose subsidiary or affiliate does business in or with the Republic of 
South Africa. 

(ii) Business entities doing business in or with the Republic of 
South Afiica shall be identified by reference to the most recent annual 
report of the African Fimd entitled "Unified List of United States 
Companies with Investments or Loans in South Africa".] 

Elected Officials' Retirement System 

23. Management of funds. 

[(b) The provisions of Section 7(a) (13) of this Article 22, 
concerning the divestment of funds in firms doing business in or with 
South Africa, shall apply to the several funds of the Elected Officials' 
Retirement System of Baltimore.] 

Fire and Police Employees 

35. Management of funds. 

(a)[(l)(i) On the first day of the third quarter of fiscal year 1987, 
no monies or funds held imder any provisions of the retirement system 
shall remain invested or hereinafter be invested in the Stocks, securities 
or other obligations of any bank or financial institution which makes 
loans to the Republic of South Afiica, or to a national corporation of the 
Republic of South Africa, or in the stocks, securities, or other obligations 
of any company doing business in or with the Republic of South Africa, 
or whose subsidiary or affiUate does business in or v^th the Republic of 
South Africa. 



338 



Ord. No. 266 



(ii) Business entities doing business in or with the 
Republic of South Africa shall be identified by reference to the most 
recent annual report of the African Fund entitled "Unified List of United 
States Companies with Investments or Loans in South Africa and 
Narabia."] 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on th e 3Qth day aft e r the date of its enactment. 

Approved October 21, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 266 

(CouncU Bill No. 429) 

AN ORDINANCE concerning 

ZONING - PLANNED UNIT DEVELOPMENT - 
CYLBURN HILLS 

FOR the purpose of approving the application of Cylbum Hills Limited 
Partnership, purchaser of the property known as Lot 2, Coldspring, 
which property is bounded generally by Cylbum Park to the north 
and east, Greenspring Avenue to the west and Springarden Drive 
to the south, consisting of approximately 18.7 acres, more or less, 
as outlined on the accompanying Exhibit A, "Context Plan", dated 
December 3, 1992, Exhibit B, "Existing Condition Plan" dated 
December 3, 1992 and Exhibit C "Preliminary Plan" dated 
December 3, 1992, and revised September 15, 1993. to designate 
Cylbum Hills as a Planned Unit Development in accordance with 
Sections 12.0-1 through 12.0-6 of Article 30 of the Baltimore City 
Code (1983 Replacement Volume, as amended), and to approve 
the Development Plan for Cylbum Hills submitted by Cylbum Hills 
Limited Partnership. 

BY authority of 

Article 30 - Zoning 

Sections 12.0-1 through 12.0-6 

Baltimore Qty Code (1983 Replacement Volume, as amended) 



339 



Ord. No. 266 



WHEREAS, Cylbum Hills Limited Partnership is the Contract 
Purchaser of the property bounded generally by Cylbum Park to the 
north and east, Greenspring Avenue to the west and Springarden Drive 
to the south, consisting of approximately 18.7 acres, more or less; and 

WHEREAS, On November 25, 1992, representatives of Cylbum 
Hills Limited Partnership met with the duly designated officers of the 
Planning Commission of Baltimore Qty to hold a Pre-Petition 
Conference to explain the scope and nature of the existing and proposed 
development on the property in order to institute proceedings to have 
the property designated a Planned Unit Development; and 

WHEREAS, Together herewith, Cylbum Hills Limited Partnership 
has formally applied to the Qty Council of Baltimore for designation for 
the property as a Planned Unit Development and has submitted the 
requisite Development Plan intended to satisfy requirements specified in 
Section 12.0-1 through 12.0-6 of Article 30 of the Baltimore City Code 
(1983 Replacement Volume, as amended); and 

WHEREAS, The Development Plan provided for herein will entail 
making further amendments to the Coldspring Neighborhood 
Development Program Urban Renewal Plan enacted by Ordinance No. 
242. approved January 8, 1973, as amended, in particular as it relates 
to the Cylbum Park Buffer Zone depicted on Exhibit ND401-5 to the 
Renewal Plan which will be reconfigured to correspond to the 
Development Plan approved herein; and 

WHEREAS, Cylbum Hills Limited Partnership, in requesting the 
introduction of this bill, signifies its intention to implement, execute, 
substantially complete and maintain the development of the property in 
accordance with the Development Plan; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the application of Cylbum Hills Limited 
Partnership, Contract Purchaser of the property known as Lot 2 
Coldspring, which property is bounded generally by Cylbum Park to the 
north and east, Greenspring Avenue to the west and Springarden Drive 
to the south, consisting of approximately 18.7 acres, more or less, as 
outlined on the accompanying Exhibit A, "Context Plan", dated 
December 3, 1992, Exhibit B "Existing Condition Plan" dated December 
3, 1992 and Exhibit C "Preliminary Site Plan" dated December 3, 1992, 
revised September 15, 1993, to designate the Cylbum Hills Property as 
a Planned Development in accordance with Sections 12.0-1 through 



340 



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Ord. No. 266 



the developer until the completion of construction and then maintained 
by the Home Owners Association after completion of the proiect and all 
units are sold. The fence required to be constructed under this 
paragraph shall be constructed and maintained under the provisions of 
Baltimore City Building Code and height restrictions contained therein 
are hereby waived in so far as they conflict with this paragraph. 

Cb) A sidewalk shall be constructed along the East side of Green 
Spring Avenue between Springarden Drive and the Cylbum Arboretum 
entrance. The sidewalk shall be constructed and maintained by the 
Mayor and Gty Council of Baltimore. 

Cc) An observation tower shall not be constructed within the 
boimdaries of the subject property. 

Cd) The Final Forest Conservation Plan for the development shall 
comply with the City of Baltimore Reforestation Law Forest and Tree 
Conservation - Article 9A Baltimore City Code C1983 Replacement 
Volume, as amended) adopted pursuant to State law. The 
Homeownei^s Association shall be responsible for the maintenance of all 
forest, understory, and landscaping in all common areas. 

Ce) Exterior lighting on any public right of way or for any 
individual property shall be shielded and directed downward to avoid, 
as reasonably as possible, the illumination of the adjoining Cylbum 
Arboretum. 

Cf) The Home Owners Association shall be responsible for or 
coordination of the application of pesticides and herbicides throughout 
the development. The developer shall include the provisions of this 
paragraph in the master deed for the property or the Home Owners 
Association rules as a covenant running with the land. Pesticides shall 
be applied in accordance with accepted principles of integrated pest 
management. 

SEC. 5. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved October 27, 1993 

KURT L. SCHMOKE, Mayor 



342 



Ord. No. 267 

CITY OF BALTIMORE 

ORDINANCE NO. 267 

(CoiincU BUI No. 467) 

AN ORDINANCE concerning 

CITY PROPERTY SALE - NORTHERN PARKWAY 

FOR the purpose of authorizing the Mayor and City Council of of 

Baltimore to sell, at either public or private sale, all of the interest 
of the Mayor and Qty Council of Baltimore in and to a certain 
parcel of land known as a portion of Northern Parkway in the 
vicinity of Everall Avenue, said parcel of land and improvements 
being no longer needed for public use. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Comptroller of Baltimore Qty be 
and she is hereby authorized to sell, at either public or private sale in 
accordance with Article V, Section 5(b) of the Qty Charter (1964 
Revision, as amended), all of the interest of the Mayor and Qty Council 
of Baltimore in and to a certain parcel of land known as a portion of 
Northern Parkway in the vicinity of Everall Avenue in the City of 
Baltimore and described as follows: 

Beginning for the same at the point formed by the 
intersection of the north side of Northern Parkway, as opened in 
accordance with Ordinance No. 439, approved July 13, 1925 and the 
east side of EveraU Avenue, 40 feet wide, and running thence binding 
on the east side of said Everall Avenue, Northerly 22 feet, more or less, 
to intersect the centerline of the former bed of Northern Parkway, 
formerly known as Maple Avenue, as condemned and closed in 
accordance with Ordinance No. 227, approved February 10, 1981; 
thence binding on the centerline of the former bed of last said Northern 
Parkway, as condemned and closed, South 71°2r38" East 52 feet, more 
or less, to intersect the north side of Northern Parkway, mentioned 
firstly herein, and thence binding on the north side of Northern 
Parkway, mentioned firstly herein, Westerly by a line curving to the left 



343 



Ord. No. 268 



with a radius of 397.46 feet the distance of 53.5 feet, more or less, to 
the place of beginning. 

Subject to an easement for municipal utilities and services for all 
utilities not to be abandoned. 

Said property being no longer needed for public use. 

All courses and distances in the above description are referred to 
as true meridian as adopted by the Baltimore Survey Control System. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith imtil the same shall have been 
approved by the Qty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved October 28, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 268 

(CouncU Bill No. 589) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
DRIVE IN RESTAURANT WITH 2 DRIVE-THROUGH WINDOWS - 
3360 ANNAPOUS ROAD 

FOR the purpose of granting permission for the establishment, 

maintenance and operation of a drive-in restaurant with a 2 drive- 
through window windows on the property known as 3360 
Annapolis Road, as outlined in red on the plats accompanying this 
ordinance. 

BY authority of 

Article 30 - Zoning 

Sections 6.3-ld-3 and 11.0-6d 

Baltimore Qty Code (1983 Replacement Volume, as amended) 



344 



Ord. No. 269 



SECTION. 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of a drive-in restaurant with 
2 drive-through windows on the property known as 3360 Annapolis 
Road, as outlined in red on the plats accompanying this ordinance, 
under the provisions of Sections 6.3-ld-3 and 11.0-6d of Article 30 of 
the Baltimore Qty Code (1983 Replacement Volume, as amended) titled 
"Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the Qty Council, as evidence of the authenticity of the 
plat which is a part hereof and in order to give notice to the 
departments which are administering the Zoning Ordinance, the 
President of the Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the 
following: The Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of Housing and 
Community Development, the Supervisor of Assessments for Baltimore 
Qty and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day aft e r the date of its enactment. 

Approved October 28, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 269 

(Council BUI No. 591) 

AN ORDINANCE concerning 

NAMING A PARK 

FOR the purpose of naming the park at the comer of Druid Hill Avenue 
and Presstman Street the Saint Katherine of Alexandria Memorial 
Park. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the name of the park at the corner of 

345 



Ord. No. 270 



Druid Hill Avenue and Presstman Street, (2001 Druid Hill Avenue) shall 
hereafter be known as the Saint Katherine of Alexandria Memorial Park. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enactment. 

Approved October 28, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 270 

^1 (Council Bill No. 634) 

jl) AN ORDINANCE concerning 

.3 

I CITY PROPERTY SALE 

fry 

" 2 FOR the purpose of authorizing the Mayor and Qty Council of of 
i > Baltimore to sell at either public or private sale all of the interest 

}< of the Mayor and City Council of Baltimore in and to a certain 

;•!> parcel of land situated known as Lot 11, Coldspring Project, said 

^' ^ parcel of land and improvements being no longer needed for 

^ public use. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Comptroller of Baltimore Qty be 
and she is hereby authorized to sell, at either public or private sale in 
accordance with Article V, Section 5(b) of the City Charter (1964 
Revision, as amended), all of the interest of the Mayor and Qty Council 
of Baltimore in and to a certain parcel of land situated in Baltimore, 
Maryland and described as follows: 

Lot 11 on the amended subdivision plat Coldspring Project, Section 
1, dated June 7, 1988, file reference No. 119-A-20H +/- 18.77 acres 

Said property being no longer needed for public use. 

346 



Orel. No. 271 



All courses and distances in the above description are referred to 
as true meridian as adopted by the Baltimore Survey Control System. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
approved by the Qty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved October 28, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 271 

(Council Bill No. 667) 

AN ORDINANCE concerning 

CABLE COMMUNICATIONS - 
RATE AND CUSTOMER SERVICE REGULATIONS 

FOR the purpose of regulating basic service and equipment rates for 
cable communications and customer service. 

WHEREAS, The Government of the United States of America 
enacted the Cable Communications Policy Act of 1984, P.L. 98-549 on 
October 30, 1984, preempting the regulation of cable television services 
by local franchising authorities; and 

WHEREAS, The relationship between the Qty of Baltimore and 
United Cable Television of Baltimore, Inc., for the provision of cable 
television service to the Baltimore Qty population has been governed in 
accordance with the terms and conditions set forth in the Franchise 
Agreement dated as of November 29, 1984 and incorporated into 
Ordinance No. 263, approved December 21, 1984; and 

WHEREAS, The Government of the United States of America 
enacted the Cable Television Consumer Protection and Competition Act 
of 1992, P.L. 102-385 on October 5, 1992, subjecting the provision of 



347 



Ord. No. 271 



cable television services to new and additional regulation by the Federal 
Communications Commission and by local franchising authorities; and 

WHEREAS, The Cable Television Consumer Protection and 
Competition Act of 1992 and Federal Communications Commission 
regulations promulgated pursuant thereto restore the authority of local 
franchising authorities to regulate cable television services with respect 
to customer service and rates for provision of basic service tier rates, 
and the charges for related equipment, installation and services, of a 
Cable Television System in accordance with Federal Communications 
Commission regulations; and 

WHEREAS, This Ordinance is for the purpose of reconciling the 
c:i terms of Ordinance No. 263, approved December 21, 1984, concerning 

^ 5 Franchise - United Cable Television of Baltimore, Inc. Cable 

|J 11 Commimications System and the Franchise Agreement of November 29, 

Jv) 1984, with the Cable Television Consumer Protection and Competition 

^ j Act of 1992 and the regulations promulgated pursuant thereto by the 

I Federal Commimications Commission; now, therefore 

to 

- 2 SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 

i> COUNCIL OF BALTIMORE, That pursuant to that Ordinance No. 263, 

? < approved December 21, 1984, concerning Franchise — United Cable 

sS Television of Baltimore, Inc, Cable Communications System and to the 

tt^ Cable Television Consumer Protection and Competition Act of 1992, P.L. 

V, 100-305, the following customer service regulations shall be effective on 

^ date of enactment of this ordinance. With respect to any inconsistencies 

between this Ordinance and Sections 9, 17, 22 and 24 of the Franchise 
Agreement, this Ordinance shall govern. 

A. Cable system office hours and telephone availability — 

1. The cable operator shall maintain a local toll-free or 

collect call telephone access line which shall be available 
to its subscribers 24 hours a day, seven days a week. 

a. Trained company representatives shall be available 
to respond to customer telephone inquiries during 
normal business hours. 

b. After normal business hours, the access line may be 
answered by a service or an automated response 
system, including an answering machine. Inquiries 
received after normal business hours must be 



348 



Ord. No. 271 



responded to by a trained company representative 
on the next business day. 

2. Under normal operating conditions, telephone answer 
time by a customer representative, including wait time, 
shall not exceed thirty (30) seconds. These standards 
shall be met no less than ninety (90) percent of the time 
under normal operating conditions, measured on a 
quarterly basis. 

3. The operator shall not be required to acquire equipment 
or perform surveys to measure compliance with the 
telephone answering standards above unless an 
historical record of complaints indicates a clear failure to 
comply. To the extent that the operator acquires or has 
equipment or performs surveys to measure compliance 
with these standards, the operator shall maintain all 
records and reports generated for availability to the Qty 
upon request. 

4. Under normal operating conditions, the customer shall 
receive a busy signal less than three (3) percent of the 
time. 

5. The cable operator's system office faciHties and 
headquarters, including but not Umited to, customer 
service center and bill payment locations, shall be 
located within the service area and shall be open at 
least during normal business hours. The customer 
service center shall be staffed by an officer of the cable 
operator with full decision-making authority over the 
day-to-day operations of the system. The operator shall 
maintain at least two (2) bill payment locations in 
addition to the customer service center. 

B. Installations, outages and sendee calls — Under normal 

operating conditions, each of the following standards shall be 
met no less than ninety-five (95) percent of the time 
measured on a quarterly basis: 

1. Standard installations shall be performed within seven 
(7) business days after an order has been placed. 
"Standard" installations are those that are located up to 
125 feet from the existing distribution system. 



349 



Ord. No. 271 



2. The cable operator shall render efficient service, make 
repairs promptly, and interrupt service only for good 
cause and for the shortest time possible. Such 
interruptions, insofar as possible, shall be preceded by 
notice and shall occur during periods of minimum use of 
the system. 

3. Excluding conditions beyond the control of the operator, 
the cable operator shall begin working on system 
outages promptly and in no event later than 24 hours 
after the interruption becomes known. The cable 
operator must begin actions to correct customer service 
problems by the end of the next business day after 

r z. notification of the service problem. 

[J ,Ti 4. The "appointment window" alternatives for installations, 

^ % service calls, and other installation activities shall be 

j either a specific time or, at maximum, a four-hour time 

7 block during normal business hours. (The operator may 

% i^ schedule service calls and other installation activities 

f 2 outside of normal business hours for the express 

J > convenience of the customer.) 

y< 

y> 5. An operator may not cancel an appointment with a 
% ^ customer after the close of business on the business day 

.^ prior to the scheduled appointment. 

6. If a cable operator representative is nmning late for an 
appointment with a customer and shall not be able to 
keep the appointment as scheduled, the cable operator 
shall contact the customer and reschedule the appoint- 
ment if necessary, at a time which is convenient for the 
customer. 

C. Communications between cable operators and cable 
subscribers — 

1. Notifications to subscribers — 

a. The cable operator shall provide written 

information on each of the following areas at the 
time an installation agreement is to be signed, at 
least annually to all subscribers, and at any time 
upon request: 

350 



Old. No. 271 



(1) products and services offered; 

(2) prices and options for programming services 
and conditions of subscription to 
programming and other services; 

(3) installation and service maintenance policies; 

(4) instructions on how to use the cable service; 

(5) channel positions of programming carried on 
the system; 

(6) billing and complaint procedures; and 

(7) identification of the franchise authority as the 
Mayor's Office of Cable and Communications, 
whose address and telephone number shall be 
given. Such identification shall be shown 
separately and not proximate to the listing 
given to subscribers for cable operator 
customer service and billing information. 

Explanation of billing procedures shall include 
details of the operator's policies of imposing 
charges for late payments, including but not 
limited to, the date upon which late charges 
begin to accrue and the manner in which they 
are calculated, as well as details of the 
operator's policies for providing credit for 
service interruptions, subscriber service 
problems, and system outages. 

b. Customers shall be notified of any changes in rates, 
programming services, or channel positions as soon 
as possible through announcements on the cable 
system and in writing. Notice must be given to 
subscribers a minimum of thirty (30) days in 
advance of such changes if the change is within the 
control of the cable operator. In addition, the 
cable operator shall notify subscribers thirty (30) 
days in advance of any significant changes in the 
other information required by the preceding para- 
graph. 

c. A copy of all mass communications mailed or 
delivered to its cable subscribers by the cable 
operator shall be mailed to the Mayor's Office of 
Cable and Communications at the time of mailing 
or delivery to subscribers. 



351 



Ord. No. 271 



2. Baling ~ 

a. Bills shall be clear, concise and understandable. 
Bills must be fully itemized, with itemizations 
including, but not limited to, itemized charges for 
each tier of service, each a-la-carte channel or 
program, and each piece of equipment provided by 
the cable operator, as well as each service charge 
by service performed. Bills shall also clearly delin- 
eate all activity during the billing period, including 
optional charges, rebates and credits. Bills shall 
identify the franchise authority. This identification 
shall be separate, distinct, and not proximate to the 

c ^ listing of the cable operator's customer service and 

f 2 billing number and address. 

^ '£ b. In case of a billing dispute, the cable operator must 

^ j respond to a written complaint from a subscriber 

J , within thirty (30) days of receipt of the complaint. 

^ 2 3. Refunds — Refund checks shall be issued promptly, but 

J > not later than either — 

;• 1> a. the customer's next billing cycle following 



resolution of the request or thirty (30) days, 
> whichever is earUer, or 

"* b. the return of the equipment supplied by the cable 

operator if service is terminated. 

4. Credits — Credits for service shall be issued no later 
than the customer's next billing cycle following the 
determination that a credit is warranted. 

D. Definitions — 

1. Normal Business Hours — means those hours during 
which most similar businesses in the community are 
open to serve customers. In all cases, "normal business 
hours" must include some evening hours at least one 
night per week and/or some weekend hours. 

2. Normal Operating Conditions — means those service 
conditions which are within the control of the cable 
operator. Those conditions which are not within the 



352 



Ord. No. 271 



control of the cable operator include, but are not limited 
to, natural disasters, civil disturbances, electrical power 
outages, telephone network outages, and severe or 
unusual weather conditions. Those conditions which are 
ordinarily within the control of the cable operator 
include, but are not limited to, special promotions, pay- 
per-view events, rate increases, regular peak or seasonal 
demand periods, and maintenance or upgrade of the 
cable system. 

3. Service Interruption — means the loss of picture or 
sound on one or more cable channels as the result of the 
act of the cable operator. 

4. Subscriber Service Problem — means the loss of picture 
or sound on one or more cable channels on a per- 
subscriber basis. 

5. System Outage — means the loss of picture or sound on 
one or more cable channels on a system- wide basis. 

SEC. 2 AND BE IT FURTHER ORDAINED, That pursuant to 
Ordinance No. 263 of 1984, concerning Franchise — United Cable 
Television of Baltimore, Inc, Cable Communications System, and to the 
Cable Television Consumer Protection and Competition Act of 1992, P.L. 
100-305, and the Regiilations of the Federal Communications 
Commission, propounded at 47 C.F.R. § 76.900 et seq. and § 76.1100 et 
seq., which regulations are incorporated herein in to to by reference, as 
amended from time to time by the Federal Communications Commis- 
sion, the following basic service and equipment rate regulations shall be 
effective from the date of enactment of this Ordinance. With respect to 
any inconsistencies between this Ordinance and Sections 22 and 24 of 
the Franchise Agreement incorporated into Ordinance No. 263 of 1984, 
this Ordinance shall govern. 

A. Rate Regulation — 

1. Public Notice and Comment - Within twenty (20) days 
after the filing of initial rates and/or a request for rate 
change, or, if the Qty needs additional time to review 
the cable operator's showing, within sixty (60) days 
after the filing of initial rates and/or a request for rate 
change, the Qty shall solicit written comments from any 
interested party on the proposed rates. The time period 



353 



Ord. No. 271 



for accepting public comments shall not be construed 
strictly by the Qty. The cable operator shall notify its 
subscribers of the opportunity to comment on its 
proposed initial rates and/or request for rate change by 
announcement on at least two (2) commercial network 
channels of its system carried on the basic tier between 
the hours of 7:00 p.m. and 9:00 p.m., for at least ten 
(10) consecutive days after filing its initial rates and/or 
request for rate change. In addition, the cable operator 
shall publish notice of the opportunity to comment in 
two newspapers of general circulation at least once, but 
it may publish the notice two (2) or more times, 
provided that one (1) publication occurs within seven 
c - (7) days of the filing of initial rates and/or request for 

S 2 rate change. The cable operator's notice shall include 

^ ^ reference to the proposed rates, the time period for 

S l) submission of written comments, the address to which 

^ j the comments should be sent, and the telephone number 

y ^ of the Mayor^s Office of Cable and Communications for 

5t n additional information. The announcement carried on 

- 2 the operator's system shall be in writing with voiceover 

J > and shall appear on the screen for a period of at least 

}< ten (10) seconds. 

;/: 5 2. Public Hearing — VNTithin twenty (20) days after the 

^ fihng of initial rates and/or a request for rate change, 

or, if the Qty needs additional time to review the cable 
operator's showing, within sixty (60) days after the 
filing of initial rates and/or a request for rate change, 
the Qty may hold an appropriate public hearing to 
consider the proposed rate change, at which hearing all 
persons desiring to be heard, including the cable 
operator, shall be heard on the proposed new rates. 
Upon notice of any public hearing by the Qty, the cable 
operator shall notify its subscribers of the time, place, 
and subject matter of the public hearing by an- 
nouncement on at least two (2) commercial network 
channels of its system carried on the basic tier between 
the hours of 7:00 p.m. and 9:00 p.m., for at least five 
(5) consecutive days prior to the hearing. In addition, 
the cable operator shall publish notice of any public 
hearing in two newspapers of general circulation at least 
once, but it may publish the notice two (2) or more 
times, provided that one (1) publication occiurs not less 

354 



in 



Ord. No. 271 



than seven (7) days before the pubUc hearing. The an- 
nouncement carried on the operator's system shall be i 
writing with voiceover and shall appear on the screen 
for a period of at least ten (10) seconds. 

3. Complaints regarding Cable Prograroming Service Rates 
— A copy of any complaint filed with the Federal Com- 
munications Commission regarding cable programming 
service rates shall be served upon the Mayor's Office of 
Cable and Communications. 

SEC. 3 AND BE IT FURTHER ORDAINED, That pursuant to 
Ordinance No. 263 Of 1984. concerning Franchise — United Cable 
Television of Baltimore, Inc, Cable Communications System, and to the 
Cable Television Consumer Protection and Competition Act of 1992, P.L. 
100-305, and the Res^ulations of the Federal Communications 
Commission, propounded at 47 C.F.R. § 76.900 et seq. and §76.1100 et 
seq., which regulations are incorporated herein in toto by reference, as 
amended from time to time by the Federal Communications Commis- 
sion, the Gty will follow the above referenced FCC Regulations in its 
regulation of the franchisee and any other cable television system 
operating in the Gty, notwithstanding any different or inconsistent 
provisions in the firanchise. 

SEC. 54. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved November 9, 1993 

KURT L. SCHMOKE, Mayor 



355 






h 

7 
HO 

> 

A 



356 



Res. No. 9 



CITY OF BALTIMORE 

RESOLUTION NO. 9 

(Council BUI No. 434) 

A RESOLUTION concerning 

ECONOMIC DEVELOPMENT REVENUE BONDS 
(FURNESS HOUSE LIMITED PARTNERSHIP PROJECT) - $1,000,000 

FOR the purpose of authorizing and empowering the Mayor and Qty 
Council of Baltimore (the "City") to issue and sell, at any time or 
from time to time, and in one or more series, as limited 
obligations and not upon its full faith and credit or pledge of its 
taxing power, its economic development revenue bonds, in the 
aggregate principal amount not to exceed One Million and 
00/100 Dollars ($1,000,000.00) pursuant to and in accordance 
with the Maryland Economic Development Revenue Bond Act, 
Sections 14-101 to 14-109, inclusive, of Article 41 of the 
Annotated Code of Maryland (1990 Replacement Volume and 
1991 Supplement), for the purposes of partially financing the 
acquisition and renovation costs of a certain facility, hereinafter 
described (the "Facility"), consisting of a 20,000 square foot office 
building known as the "Fumess House", located at 19-21 South 
Street, near the comer of Water Street, in Baltimore Qty, 
Maryland, and paying certain other costs in connection therewith 
to the extent permitted under the Act (including, without 
limitation, costs of issuance of the revenue bonds); making 
certain legislative findings; reserving in the Qty certain rights 
concerning the issuance of such bonds; authorizing and 
empowering the Board of Finance of the City, by a resolution or 
resolutions, and the Mayor, by executive order or otherwise, 
whether before or after the issuance, sale and delivery of such 
bonds, to (a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issuing and 
selling (including negotiated as well as competitive bid sale), and 
the time or times of issuance, and any and all other details of 
such economic development revenue bonds and (b) do any and 
all things necessary, proper or expedient in connection with the 
issuance and sale of such bonds; providing that such bonds or 
bond anticipation notes issued in anticipation of the issuance of 
the Bonds must be issued and sold within twelve months from the 
date this resolution is approved by the Mayor, unless the Board of 



357 



Res. No. 9 



Finance or the Mayor approves one twelve-month extension as 
provided in this Resolution; authorizing the issuance of notes in 
anticipation of the issuance of such bonds; and generally 
providing for and determining various matters and details in 
connection with the issuance and sale of such bonds and bond 
anticipation notes. 

RECITALS 

The Maryland Economic Development Revenue Bond Act, 
Sections 14-101 to 14-109, inclusive, of Article 41 of the Annotated 
Code of Maryland (1990 Replacement Volume and 1991 Supplement) 
(the "Act"), provides that in order to accomplish the legislative policy of 
c^ the Act, the Mayor and City Council of Baltimore (the "City") and any 

r ;j other public body (as defined in the Act) may issue and sell its bonds 

rj (as defined in the Act), as its limited obligations and not upon its full 

f, '/ faith and credit or pledge of its taxing power, at any time or from time 

n j to time, in one or more series, for the purposes of financing or 

J „ refinancing any costs of the acquisition (as defined in the Act) of one or 

? ^ more facilities (as defined in the Act) for one or more facility users (as 

' 2 defined in the Act) or of refunding outstanding bonds, including the 

J 5 necessary expenses of preparing, printing, selling, and issuing those 

y ;5 bonds, the funding of reserves, and the payment of interest with respect 

5 ^ to financing such acquisition in such amounts, or for such period, as the 

•^ public body deems reasonable. The powers granted to the City by the 

■> Act are for the legislative purposes of (i) relieving conditions of 

imemployment in the State of Maryland (the "State") and in Baltimore 
Qty, (ii) encouraging the increase of industry and commerce and a 
balanced economy in the State and in Baltimore City, (iii) assisting in 
the attraction of existing industry and conmierce and in the attraction of 
new industry and commerce in the State and in Baltimore Qty, (iv) 
promoting economic development in the State and in Baltimore City, 
and (v) promoting the general health, welfare and safety of the 
residents of the State and Baltimore City. 

The Facility constitutes and is operated by tho Borrow e r Furnace 
House Limited Partoership, an affiliate of the Cordish Company 
("Borrower"), as a two-story office building containing approximately 
20,000 square feet of usable space located at 19 - 21 South Street, 
together with (i) necessary or desirable equipment, tenant 
improvements, fixtures and machinery, (ii) the land site and interests in 
land necessary or desirable for the Facility, together with roads or other 
rights of access, utilities and other necessary or desirable facilities, and 
(iii) all improvements, modifications and additions to all or any portion 

358 



Res. No. 9 



of the Facility. The Facility, which is a Baltimore Qty landmark, is 
currently leased by the Borrower to Alex. Brown & Sons, Inc. 

The Qty has received a letter of intent dated November 25, 1992 
(the ''Letter of Intent") from the Borrower, pursuant to which the 
Borrower has requested the Qty to issue and sell its economic 
development revenue bonds, as its limited obligations and not upon its 
full faith and credit or pledge of its taxing power, at any time or from 
time to time and in one or more series, in an aggregate principal 
amount not to exceed One Million and 00/100 Dollars ($1,000,000.00) 
(the "Bonds") , pursuant to and in accordance with the Act, for the 
purpose of partially financing the acquisition and renovation costs of the 
Facility, and paying certain other costs in connection therewith to the 
extent permitted under the Act (Including, without limitation, costs of 
issuance of the Bonds and payment of an administrative fee). 

The Letter of Intent expresses the Borrower's intention that the 
interest payable on Bonds shall not be exempt from Federal Income 
Taxation pursuant to Section 103 of the Internal Revenue Code of 1986, 
as amended (the "Code"), such interest shall be exempt from State 
income tax, and the Borrower represents in the Letter of Intent that 
such Bonds v^ not be subject to the Qt/s volume cap pursuant to 
Section 146(i) of the Code. The Borrower acknowledges in the Letter of 
Intent that the Qty reserves certain rights concerning the issuance of 
the Bonds as provided in Section 6 hereof. 

The Qty, based upon the findings and determinations set forth 
below, has determined to issue, sell and deliver, at any time or from 
time to time and in one or more series, its Bonds in an aggregate 
principal amount not to exceed One Million and 00/100 Dollars 
($1,000,000.00), and to lend the proceeds of the Bonds for the benefit 
of the Borrower upon the terms and conditions of one or more loan or 
financing agreements to be entered into between the Qty and the 
Borrower (and any other parties necessary to implement and 
consummate the transaction), such proceeds to be used by the Borrower 
to partially finance the acquisition and renovation costs of the Facility 
and pay such other costs as may be permitted by the Act and agreed to 
by the Qty (including, without limitation, costs of issuance of the 
Bonds). 

The Act provides that the Qty may authorize and empower the 
Board of Finance of the Qty (the "Board"), by resolution, or the Mayor, 
by executive order or otherwise, to determine and set forth the form, 
terms, provisions, maimer, or method of issuing and selling (including 



359 






Res. No. 9 



negotiated as well as competitive bid sale), and the time or times of 
issuance, and any and all other details of the Bonds and the issuance 
and sale thereof, and to do any and all things necessary, proper or 
expedient in connection with die issuance and sale of the Bonds; now, 
therefore, in accordance with the Act: 

SECTION 1. BE IT RESOLVED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That acting pursuant to the Act it is hereby 
found and determined as follows: 

1.1. The Borrower is a "facility applicant" and a "facility user" 
within the meaning of the Act; the Facility is a "facility" within the 
meaning of the Act; and this Resolution is a "resolution" within the 
meaning of the Act. 



1.2. The acquisition of the Facility and the financing thereof and 
^ 5 the payment of certain costs authorized herein will promote the 

^ j declared legislative purposes of the Act by (a) relieving conditions of 

J unemployment in the State and in Baltimore City; (b) encouraging the 

? 1 increase of industry and commerce and a balanced economy in the State 

^ 2 and in Baltimore Qty; (c) assisting in the retention of existing industry 

J J and commerce and in the attraction of new industry and commerce in 

> < the State and in Baltimore Qty; (d) promoting economic development; 

; "> and (e) generally promoting the health, welfare and safety of the 

^ residents of the State and Baltimore Qty. 

■> 

1.3. The Bonds and the interest thereon will be limited 
obligations of the Qty and the principal of, premium, if any, and 
interest thereon shall be payable solely from the revenues received in 
connection with the financing of the Facility or from any other monies 
made available to the Qty for such purpose. Any bond anticipation 
notes shall also be payable ft-om the proceeds of the Bonds in 
anticipation of which such notes were issued. Neither the Bonds nor 
the interest thereon shall ever constitute an indebtedness or a charge 
against the general credit or taxing powers of the Qty within the 
meaning of any constitutional or charter provision or statutory 
limitation and neither shall constitute or give rise to any pecimiary 
liability of the Qty. 

1.4. Neither the proceeds of the Bonds nor the payments of the 
principal of, premium, if any, and interest on the Bonds will be 
commingled with the Qt/s funds or will be subject to the absolute 
control of the Qty, but will be subject only to limited supervision and 
the City shall retain only those rights as are deemed necessary or 

360 



Res. No. 9 



desirable by the Qty to ensure that the proceeds of the Bonds are used 
to accomplish the public purposes of the Act and this Resolution. The 
transactions provided for hereby do not constitute any physical public 
betterment or improvement or the acquisition of property for public use 
or the purchase of equipment for public use. 

SEC. 2. AND BE IT FURTHER RESOLVED, That this 

Resolution, among other things, evidences the present intent of the City 
to issue, sell and deliver the Bonds in accordance with the terms and 
provisions of the Resolution. The Mayor is hereby authorized, 
empowered and directed to accept the Letter of Intent on behalf of the 
Qty in order to further evidence the present intent of the Qty to issue 
and sell the Bonds in accordance with the terms and provisions of the 
Resolution. 

SEC. 3. AND BE IT FURTHER RESOLVED, That the Qty is 

hereby authorized and empowered to issue, sell and deliver the Bonds, 
at any time or from time to time in one or more series, in an aggregate 
principal amount not to exceed One Million and 00/100 Dollars 
($1,000,000.00), subject to the provisions of this Resolution. For the 
purposes of applying the foregoing limitation in the event that any 
refunding bonds or bonds issued to repay bond anticipation notes are 
issued, the outstanding principal amount of any bonds or bond 
anticipation notes, resp)ectively, provisions for the payment of which 
have been made from the proceeds of such refunding bonds or such 
bonds, respectively, or from other sources, shall not be taken into 
account when determining the aggregate principal amount of bonds 
issued sold and delivered pursuant to this Resolution. 

SEC. 4. AND BE IT FURTHER RESOLVED, That the Bonds 

shall mature within forty (40) years of their issuance. 

SEC. 5. AND BE IT FURTHER RESOLVED, That the Qty will 

lend the proceeds of the Bonds to the Borrower pursuant to the terms 
and provisions of one or more loan agreements (within the meaning of 
the Act) or financing agreements (the "Loan Agreement"), to be used by 
the Borrower for the purpose of partially financing the acquisition and 
renovation costs of the Facility, and paying such other costs as may be 
permiued by the Act and agreed upon by the Qty (including, without 
limitation, costs of issuance of the Bonds). The Loan Agreement will 
provide that the Borrower will make payments which will be sufficient 
to enable the Qty to pay the principal of, premium, if any, and interest 
on the Bonds when and as the same become due and payable. 



361 



Res. No. 9 



SEC. 6. AND BE IT FURTHER RESOLVED, That the Qty 

reserves the right, and in its sole and absolute discretion, to take any 
action deemed necessary by the City in order to ensure that the Qty (a) 
complies with present federal and state laws and any pending of future 
federal or state legislation, whether proposed or enacted, which may 
affect or restrict the issuance of the Bonds, and 0^) issues its bonds, 
within the limits imposed by any such laws, or any such pending or 
future legislation or any future local laws, to finance or refinance those 
facilities which the City determines, in its sole and absolute discretion, 
will provide the greatest benefit to the Qty. 

In particular, the Qty reserves the right to choose to issue its 
bonds (within the meaning of the Act and any present or future state 
0^ or local laws) in such order of priority as it may determine in its sole 

r 5 and absolute discretion. 

^ 'j) Pursuant to the provisions of this Section 6, the City reserves the 

, j right in its sole and absolute discretion to, among other things, (a) 

J never issue the Bonds, (b) issue only a portion of the aggregate 

? *i principal amount of the Bonds requested by the Borrower, (c) restrict 

1 2 the use of the proceeds of the Bonds, (d) subject to Section 12 hereof, 

delay the issuance of the Bonds, or (e) take any other actions deemed 



> 



> < necessary by the City, in its sole and absolute discretion, in order to 

^ ^ ensure that the Qty achieves the goals set forth in the preceding 

^ paragraph. 



SEC. 7. AND BE IT FURTHER RESOLVED, That die Bonds 

shall be executed in the name of the Qty and on its behalf by the Mayor 
by his manual or facsimile signature, and by the Director of Finance of 
the Qty, by his manual or facsimile signature, and the corporate seal of 
the Qty or a facsimile thereof shall be impressed or otherwise 
reproduced thereon and attested by the Custodian or Alternate 
Custodian of the City Seal by her manual or facsimile signature. The 
Mayor, the Director of Finance of the City, the Custodian or Alternate 
Custodian of the City Seal and other officials of the Qty are hereby 
authorized and empowered to do all such acts and things and to 
execute, acknowledge, enseal and deliver on behalf of the City such 
documents and certificates, including (without limitation) the Loan 
Agreement, as the Board of Finance or the Mayor may determine to be 
necessary or desirable to carry out and comply with the provisions of 
this Resolution, subject to the Umitations set forth in the Act and any 
Hmitations set forth in this Resolution. If any officer whose signature or 
a facsimile of his signature appears on the Bonds or any of the aforesaid 
documents ceases to be such officer before the delivery of the Bonds or 



362 



Res. No. 9 



any of the other aforesaid documents, such signature or such facsimile 
shall nevertheless be valid and sufficient for all purposes, the same as if 
such officer had remained in office until delivery. 

SEC. 8. AND BE IT FURTHER RESOLVED, That, as permitted 

by the Act, the Bonds either may be sold at a private (negotiated) sale, 
at par or at such other prices as the Board of Finance or the Mayor 
deems appropriate, or may be sold at a public sale, at par, above par or 
below par, in either or both of which events, the Bonds shall be sold in 
such manner, at such times, and upon such terms and conditions as the 
Board of Finance or the Mayor deems to be in the best interest of the 
aty. 

SEC. 9. AND BE IT FURTHER RESOLVED, That prior to the 

issuance, sale and deUvery of the Bonds, the Board of Finance by a 
resolution or resolutions, or the Mayor by executive order or otherwise: 

9.1. Shall prescribe the form, tenor, terms and conditions of 
and security for the Bonds; 

9.2. Shall prescribe the principal amount, rate or rates of 
interest, denomination or denominations, date, maturity or maturities 
(within the limits prescribed by the Act and the Code), for the Bonds; 

9.3. May appoint a trustee or trustees, a bond registrar and a 
paying agent or agents for the Bonds; 

9.4. Shall approve the form and contents of, and the execution 
and delivery of (where applicable), the Loan Agreement, and such 
documents, including (without Hmitation) trust agreements, 
assignments, mortgages, deeds of trust, guarantees and security 
instruments to which the City is, or may become a party or beneficiary 
and which may be necessary or desirable to effectuate the issuance, sale 
and delivery of the Bonds; 

9.5. Shall determine the time of execution, issuance, sale and 
delivery of the Bonds, and prescribe any and all other details of the 
Bonds; 

9.6. Shall determine the method, and approve the terms, of the 
sale of the Bonds, as provided in Section 8 of this Resolution; 

9.7. Shall provide for the direct payment by the Borrower of all 
reasonable costs, fees and exp)enses incurred by or on behalf of the Qty 



363 



Res. No. 9 



in connection with the issuance, sale and delivery of the Bonds, 
including (without limitation) costs of printing (if any) and issuing the 
Bonds, legal expenses (including the fees of bond counsel) and the 
compensation to any person (other than full-time employees of the Qty) 
performing services by or on behalf of the City in connection therewith; 

9.8. May provide for the issuance and sale (subject to the 
passage at the time of the appropriate resolution authorizing the same) 
of one or more series of additional bonds and one or more series of 
refunding bonds; 

9.9. May provide for the funding of reserves for the Bonds and 
for the payment of interest on the Bonds in such amounts, or for such 

c^ period, as the Board of Finance or the Mayor deems reasonable; and 

p< 

r3 9.10. May specify, prescribe, determine, provide for or approve 

f/j} such other matters, details, forms, docimients or procedures and do any 

t "i^ and all things necessary or appropriate for the authorization, sale, 

J Q security, issuance, delivery or payment of or for the bonds and in order 

' ^ to accomplish the legislative policy of the Act and the public purposes of 

' 2 this Resolution, subject to the Umitations set forth in the Act and any 

J J limitations prescribed by this Resolution. 

y< 

\^ SEC. 10. BE IT FURTHER RESOLVED, That the Board of 

''^ Finance is hereby authorized and empowered to adopt one or more 

J resolutions from time to time, either before or after the issuance, sale 

and delivery of the Bonds, to supplement the resolution or resolutions 
referred to in the provisions of Section 9 hereof, and the Mayor is 
hereby authorized and empowered, by executive order or otherwise, 
either before or after the issuance, sale and delivery of the Bonds, to 
supplement the executive order referred to in the provisions of Section 9 
hereof, and thereby approve amendments or supplements to or 
substitutes for the forms and provisions of Bonds, the Loan Agreement, 
any trust agreement or similar agreements and all other docimients 
approved by such resolution or resolutions or executive order or 
executive orders, provided that each supplemental resolution or 
supplemental executive order and each such amendment, supplement or 
substitute shall be in accordance with the provisions of the Act, this 
Resolution and the documents executed in connection with the Bonds 
and then in effect. 

SEC. 11. AND BE IT FURTHER RESOLVED, That the provisions 
of this Resolution are severable, and if any provision, sentence, clause, 
section or part hereof is held to be illegal, invalid or unconstitutional or 

364 



Res. No. 9 



inapplicable to any person or circumstances, such illegality, invalidity or 
unconstitutionality, or inapplicability shall not affect or impair any of 
the remaining provisions, sentences, clauses, sections, or parts of this 
Resolution or their application to other persons or circumstances. It is 
hereby declared to be the legislative intent that this Resolution would 
have been passed if such illegal, invalid or unconstitutional provision, 
sentence, clause, section or part had not been included herein, and if 
the person or circumstances to which this Resolution or any part hereof 
is inapplicable had been specifically exempted herefrom. 

SEC. 12. AND BE IT FURTHER RESOLVED, That eidier the 
Bonds or any bond anticipation notes must be issued and sold and 
within twelve (12) months from the date on which this Resolution is 
approved by the Mayor, provided, however, that (a) the Mayor, by 
executive order or otherwise, after a showing of good cause, prior to or 
after the expiration of such twelve (12) month period, or (b) the Board 
of Finance, after showing of good cause at a public hearing held before 
the Board of Finance prior to or after the expiration of such twelve (12) 
month period, may extend the period during which either the Bonds or 
any notes in anticipation thereof may be issued and sold for one 
additional term not exceeding twelve (12) months from the date on 
which the first twelve (12) month period expires. The Board of Finance 
or Mayor shall have sole and absolute discretion without action by the 
Qty Council of the City to determine the sufficiency or lack of 
sufficiency of any reason, if any is given, for the requested extension for 
the first twelve (12) month period. If an extension is granted, notice of 
such extension and the reasons therefore must be sent to the Qty 
Council. To the extent that neither the Bonds nor such bond 
anticipation notes are issued and sold within twenty-four (24) months 
from the date on which this Resolution is approved by the Mayor, the 
authority provided in this Resolution for the Qty to issue and sell the 
bonds and any bond anticipation notes shall expire; provided, however, 
that the expiration of the authority to issue the Bonds, contained in this 
Resolution, shall not affect the present intent of the Qty to issue the 
Bonds, as described in Section 2 hereof. 

SEC. 13. AND BE IT FURTHER RESOLVED, That this Resolution 
shall take effect on the date of its enactment. 

Approved January 26, 1993 

KURT L. SCHMOKE, Mayor 



365 



f% 



Res. No. 10 

CITY OF BALTIMORE 

RESOLUTION NO. 10 

(Council Bill No. 435) 

A RESOLUTION concerning 

POLLUTION CONTROL REVENUE REFUNDING BONDS 
(GLIDDEN PLANTS, INC. PROJECT) - $17,000,000 

FOR the pmpose of authorizing and empowering the Mayor and Qty 

Council of Baltimore to issue and sell, at any time or from time to 
time, and in one or more series, as Umited obligations and not 
upon its full faith and credit or pledge of its taxing power, its 
economic development revenue bonds, in the aggregate principal 
amount not to exceed Seventeen Million Dollars ($17,000,000) 
R pursuant to and in accordance with the Maryland Economic 

; Development Revenue Bond Act, Sections 14-101 to 14-109, 

5tn inclusive, of Article 41 of the Annotated Code of Maryland (1990 

'2 Replacement Volume and 1992 Cumulative Supplement), for the 

J J purpos e s purpose of refunding the outstanding Qty of Baltimore, 

} < Maryland Pollution Control Revenue Bonds (SCM Corporation 

5^ Project), Series A, which bonds were issued and sold to finance 

y ^ the acquisition of certain pollution control facilities for use at 

y three manufacturing locations of SCM Chemicals, Inc. a 

"• subsidiary of HM Investments, Ltd. located substantially within 

the city limits of Baltimore Cit y, and paying c e rtain oth e r cocts in 
conn e ction th e r e with to th e e xt e nt permitted und e r th e Act 
(including, without limitation, costs of issuanc e of the r e venu e 
r e funding bonds and th e r e pa)Tn e nt of all or a portion of th e 
e quity inv e stm e nt in such building to th e r e sp e ctiv e inv e stors) ; 
making certain legislative findings; reserving in the Qty certain 
rights concerning the issuance of such bonds; authorizing and 
empowering the Board of Finance of the Qty, by a resolution or 
resolutions, and the Mayor, by executive order or otherwise, 
either before or after the issuance, sale and delivery of such 
bonds, to (a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issuing and 
selling (including negotiated as well as competitive bid sale), and 
the time or times of issuance, and any and all other details 



366 



Res. No. 10 



of such economic development revenue refunding bonds and (b) do any 
and all things necessary, proper or expedient in connection with the 
issuance and sale of such bonds; providing that such bonds or bond 
anticipation notes issued in anticipation of the issuance of such bonds 
must be issued and sold within six months from the date this resolution 
is approved by the Mayor, unless the Board of Finance or the Mayor 
approves one six-month extension as provided in this Resolution; 
authorizing the issuance of notes in anticipation of the issuance of such 
bonds; and generally providing for and determining various matters and 
details in connection with the issuance and sale of such bonds and bond 
anticipation notes. 

RECITALS 

The Maryland Economic Development Revenue Bond Act, 
Sections 14-101 to 14-109, inclusive, of Article 41 of the Annotated 
Code of Maryland (1990 Replacement Volume and 1992 Cumulative 
Supplement) (the "Act"), provides that in order to accomplish the 
legislative policy of the Act, the Mayor and City Council of Baltimore 
(the "City") and any other public body (as defined in the Act) may issue 
and sell its bonds (as defined in the Act), as its limited obligations and 
not upon its full faith and credit or pledge of its taxing power, at any 
time or from time to time, for the purpose of financing or refinancing 
any costs of the acquisition (as defined in the Act) of one or more 
facilities (as defined in the Act) for one or more facility users (as 
defined in the Act) or of refunding outstanding bonds, including the 
necessary expenses of preparing, printing, selling, and issuing those 
bonds, the funding of reserves, and the payment of interest with respect 
to financing such acquisition in such amounts, or for such period, as the 
public body deems reasonable. The powers granted to the Qty by the 
Act are for the legislative purposes of (i) relieving conditions of 
unemployment in the State and in Baltimore City, (ii) encouraging the 
increase of industry and commerce and a balanced economy in the State 
of Maryland (the "State") and in Baltimore Qty, (iii) assisting in the 
retention of existing industry and commerce and in the attraction of 
new industry and commerce in the State and in Baltimore Qty, 
(iv) promoting economic development in the State and in Baltimore 
City, and (v) promoting the general health, welfare and safety of the 
residents of the State and Baltimore Qty. 

On February 19, 1975, the Qty issued and sold its City of 
Baltimore, Maryland Pollution Control Revenue Bonds (SCM 
Corporation Project), Series A, in the aggregate principal amount of 
Seventeen Million Dollars ($17,000,000) (the "Prior Bonds") and loaned 



367 



Res. No. 10 



the proceeds thereof to Glidden Plants, Inc. (the "Borrower"), a 
Maryland corporation and a subsidiary of HM hivestments, Ltd. ("HM 
Investments") for the purpose of financing the acquisiton of certain 
pollution control facilities for use at three manufacturing locations of 
SCM Qiemicals, Inc. ("SCM Qiemicals"), a Maryland corporation and a 
direct subsidiary of HM Investments located substantially within the city 
limits of Baltimore Qty (collectively, the "Facility"). Glidden Plants, Inc. 
may change its name prior to the issuance of the Bonds to SCM Plants, 
Inc., and such entity or any other corporate subsidiary of HM 
Investments,-4fi€TT the parent corporation of Glidden Plants, Inc., 
designated by Glidden Plants, Inc. may constitute the Borrower 
hereunder. 

c t The Prior Bonds were issued pursuant to (a) the Act, (b) 

^H Ordinance No. 696 of the 1974 Legislative Session of the Qty, passed by 

f 11 the Qty Council of the Qty on Jime 10, 1974 and approved by the 

^// Mayor of the Qty (the "Mayor") on Jime 17, 1974, and (c) a resolution 

j of the Commissioners of Finance of the Qty adopted on February 6, 

; 1975. 
?1 

- 2 The Facility consists generally of air and water pollution control 

J> facilities acquired and installed at the Hawkins Point Plant of SCM 

) < Chemicals, located substantially within the limits of the Qty; air and 

-i water pollution control facilities acquired and installed at the Pemco- 

'i\ Eastern Avenue plant of SCM Chemicals, located within the limits of the 



Qtv, which was sold by the SCM Corporation subsequent to the 
issuance of the prior bonds and is now owned and operated by Miles, 
Inc.; and water pollution control facilities acquired and installed at the 
St. Helena-Broening Highway Plant of SCM Chemicals, located within 
the limits of the Qty, together with (i) necessary or desirable 
equipment, improvements, fixtures and machinery, (ii) the land site and 
interests in land necessary or desirable for the Facility, together with 
roads or other rights of access, utilities and other necessary or desirable 
facilities, and (iii) all improvements, modifications and additions to all 
or any portion of the Facility. 

The Qty has received a letter of intent dated December 4, 1992 
(the "Letter of Intent") from the Borrower, pursuant to which the 
Borrower has requested the Qty to issue and sell its economic 
development revenue bonds, as its limited obUgations and not upon its 
full faith and credit or pledge of its taxing power, at any time or from 
time to time and in one or more series, in an aggregate principal 
amount not to exceed Seventeen Million Dollars ($17,000,000) (the 
"Bonds"), pursuant to and in accordance with the Act, for the purpose of 



368 



Res. No. 10 



refunding the outstanding Prior Bonds , including th e paym e nt of all 
accru e d and unpaid int e r e st and r e d e mption pr e miumst if any, on th e 
Prior Bonds, and pacing c e rtain oth e r coctG in conn e ction th e r e with to 
the e xt e nt p e rmined und e r th e Act (including^ without limitationt costs 
of issuanc e of th e Bonds^ and pa)'TQ e nt of any administrative foe) . 

The Letter of Intent expresses the Borrower's intention that the 
interest payable on the portion of the Bonds issued to pay the 
outstanding principal of the Prior Bonds shall be exempt from federal 
income taxation pursuant to Section 103 of the Internal Revenue Code 
of 1986, as amended (the Xode"), and the Borrower represents in the 
Letter of Intent that such Bonds will not be subject to the Qt/s volume 
cap pursuant to Section 146(i) of the Code. Th e L e tt e r of Int e nt 
e xpr e ss e s th e Borrower's int e ntion that th e int e r e st payabl e on th e 
r e maind e r of th e Bonds V i oll not b e e x e mpt from f e d e ral incom e 
taxation^ The Borrower acknowledges in the Letter of Intent that the 
Qty reserves certain rights concerning the issuance of the Bonds as 
provided in Section 6 hereof. 

The Qty, based upon the findings and determinations set forth 
below, has determined to issue, sell and deliver, at any time or from 
time to time and in one or more series, the Bonds in an aggregate 
principal amount not to exceed Seventeen MiUion Dollars. 
($17,000,000), and to lend the proceeds of the Bonds for the benefit of 
the Borrower upon the terms and conditions of one or more loan or 
financing agreements to be entered into between the City and the 
Borrower (and any other parties necessary to implement and 
consummate the transaction) , such proceeds to be used by the Borrower 
to refund the Prior Bonds and pay such oth e r costs as may b e p e rmitt e d 
by th e Act and agrood to by th e Gty (including, without Umitation^ costs 
of issuanc e of the Bonds) . 

The Act provides that the Qty may authorize and empower the 
Board of Finance of the Qty (the "Board"), by resolution, or the Mayor, 
by executive order or otherwise, to determine and set forth the form, 
terms, provisions, manner, or method of issuing and selling (including 
negotiated as well as competitive bid sale), and the time or times of 
issuance, and any and all other details of the Bonds and the issuance 
and sale thereof, and to do any and all things necessary, proper or 
expedient in connection with the issuance and sale of the Bonds; now, 
therefore, in accordance with the Act: 



369 



Res. No. 10 



SECTION 1. BE IT RESOLVED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That acting pursuant to the Act it is hereby 
found and determined as follows: 

1.1. The Borrower is a "facility applicant" and a "facility user" 
within the meaning of the Act; the FaciUty is a "facility" within the 
meaning of the Act; and this Resolution is a "resolution" within the 
meaning of the Act. 

1.2. The acquisition of the Facility and the financing thereof has 
promoted, and the refunding of the Prior Bonds and payment of other 
costs authorized herein will continue to promote, the declared 
legislative purposes of the Act by (a) relieving conditions of 

c - unemployment in the State and in Baltimore Qty; (b) encouraging the 

fl increase of industry and commerce and a balanced economy in the State 

fin and in Baltimore Qty; (c) assisting in the retention of existing industry 

^'/ and commerce and in the attraction of new industry and commerce in 

^ 3 the State and in Baltimore Qty; (d) promoting economic development; 

y and (e) generally promoting the health, welfare and safety of the 

? n residents of the State and Baltimore Qty. 

:i 

5> 1.3. The Bonds and the interest thereon v^ be limited 

> < obligations of the Qty and the principal of, premium, if any, and 

-> interest thereon shall be payable solely from the revenues received in 

'<f' 3 connection with the financing of the Facility or from any other monies 

y made available to the Qty for such purpose. Any bond anticipation 



4 



notes shall also be payable from the proceeds of the Bonds in 
anticipation of which such notes were issued. Neither the Bonds nor 
the interest thereon shall ever constitute an indebtedness or a charge 
against the general credit or taxing powers of the Qty within the 
meaning of any constitutional or charter provision or statutory 
limitation and neither shall constitute or give rise to any pecimiary 
liability of the City. 

1.4. Neither the proceeds of the Bonds nor the payments of the 
principal of, premium, if any, and interest on the Bonds will be 
commingled with the Qt/s funds or will be subject to the absolute 
control of the Qty, but will be subject only to limited supervision and 
the City shall retain only those rights as are deemed necessary or 
desirable by the Qty to ensure that the proceeds of the Bonds are used 
to accomplish the public purposes of the Act and this Resolution. The 
transactions provided for hereby do not constitute any physical public 
betterment or improvement or the acquisition of property for public use 
or the purchase of equipment for public use, except to the extent that 



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the Qty may be a tenant of all or a portion of the Facility on the same 
basis as any other tenant. 

SEC. 2. AND BE IT FURTHER RESOLVED, That this Resolution, 
among other things, evidences the present intent of the Qty to issue, 
sell and deliver the Bonds in accordance with the terms and provisions 
of the Resolution. The Mayor of the Qty (the "Mayor") is hereby 
authorized, empowered and directed to accept the Letter of Intent on 
behalf of the Qty in order to further evidence the present intent of the 
Qty to issue and sell the Bonds in accordance with the terms and 
provisions of the Resolution. 

SEC. 3. AND BE IT FURTHER RESOLVED, That the Qty is 
hereby authorized and empowered to issue, sell and deliver the Bonds, 
at any time or from time to time in one or more series, in an aggregate 
principal amount not to exceed Seventeen Million Dollars 
($17,000,000), subject to the provisions of this Resolution. For the 
purposes of applying the foregoing Hmitation in the event that any 
refunding bonds or bonds issued to repay bond anticipation notes are 
issued, the outstanding principal amount of any bonds or bond 
anticipation notes, respectively, provisions for the payment of which 
have been made from the proceeds of such refunding bonds or such 
bonds, respectively, or from other sources, shall not be taken into 
account when determining the aggregate principal amount of bonds 
issued sold and delivered pursuant to this Resolution. 

SEC. 4. AND BE IT FURTHER RESOLVED, That the Bonds shall 
mature within forty (^0) thirty (30) years of their issuance. 

SEC. 5. AND BE IT FURTHER RESOLVED, That the Qty will lend 
the proceeds of the Bonds to the Borrower pursuant to the terms and 
provisions of one or more loan agreements (within the meaning of the 
Act) or financing agreements (the "Loan Agreement"), to be used by the 
Borrower for the purpose of refunding the Prior Bonds and pa>ing cuch 
oth e r costG as may b e p e rmitt e d by th e Act and agrood upon by th e Qty 
(including^ without limitation, costs of icGuanc e of th e Bonds) . The 
Loan Agreement will provide that the Borrower will make payments 
which will be sufficient to enable the Qty to pay the principal of, 
premium, if any, and interest on the Bonds when and as the same 
become due and payable. 

SEC. 6. AND BE IT FURTHER RESOLVED, That the Qty reserves 
the right, and in its sole and absolute discretion, to take any action 
deemed necessary by the City in order to ensure that the Qty (a) 



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complies with present federal and state laws and any pending or future 
federal or state legislation, whether proposed or enacted, which may 
affect or restrict the issuance of the Bonds, and (b) issues its bonds, 
within the limits imposed by any such laws, or any such pending or 
future legislation or any future local laws, to finance or refinance those 
facilities which the Qty determines, in its sole and absolute discretion, 
will provide the greatest benefit to the Qty. 

In particular, the Qty reserves the right to choose to issue its 
bonds (within the meaning of the Act and any present or future state or 
local laws) in such order of priority as it may determine in its sole and 
absolute discretion. 

f: ^ Pursuant to the provisions of this Section 6, the Qty reserves the 

^? right in its sole and absolute discretion to, among other things, (a) 

[Jii never issue the Bonds, (b) issue only a portion of the aggregate 

C/J principal amount of the Bonds requested by the Borrower, (c) restrict 

A the use of the proceeds of the Bonds, (d) subject to Section 12 hereof, 

y delay the issuance of the Bonds, or (e) take any other actions deemed 

% ? necessary by the Qty, in its sole and absolute discretion, in order to 

" 2 ensure that the Qty achieves the goals set forth in the preceding 

i > paragraph. 

l< 

!> SEC. 7. AND BE IT FURTHER RESOLVED, That the Bonds shall 

/ g be executed in the name of the Qty and on its behalf by the Mayor by 

^ his manual or facsimile signature, and by the Director of Finance of the 

^ Qty, by his manual or facsimile signature, and the corporate seal of the 

Qty or a facsimile thereof shall be impressed or otherwise reproduced 
thereon and attested by the Custodian or Alternate Custodian of the 
Qty Seal by her manual or facsimile signature. The Mayor, the Director 
of Finance of the Qty, the Custodian or Alternate Custodian of the City 
Seal and other officials of the Qty are hereby authorized and 
empowered to do all such acts and things and to execute, acknowledge, 
enseal and deliver on behalf of the City such documents and certificates, 
including (without limitation) the Loan Agreement, as the Board of 
Finance or the Mayor may determine to be necessary or desirable to 
carry out and comply with the provisions of this Resolution, subject to 
the limitations set forth in the Act and any Umitations set forth in this 
Resolution. If any officer whose signature or a facsimile of his signature 
appears on the Bonds or any of the aforesaid documents ceases to be 
such officer before the delivery of the Bonds or any of the other 
aforesaid documents, such signature or such facsimile shall nevertheless 
be valid and sufficient for all purposes, the same as if such officer had 
remained in office imtil delivery. 

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SEC. 8. AND BE IT FURTHER RESOLVED, That, as permitted by 
the Act, the Bonds either may be sold at a private (negotiated) sale, at 
par or at such other prices as the Board of Finance or the Mayor deems 
appropriate, or may be sold at a public sale, at par, above par or below 
par, in either or both of which events, the Bonds shall be sold in such 
manner, at such times, and upon such terms and conditions as the 
Board of Finance or the Mayor deems to be in the best interest of the 
Qty. 

SEC. 9. AND BE IT FURTHER RESOLVED, That prior to the 
issuance, sale and delivery of the Bonds, the Board of Finance by a 
resolution or resolutions, or the Mayor by executive order or otherwise: 

9.1. Shall prescribe the form, tenor, terms and conditions 
of and security for the Bonds; 

9.2. Shall prescribe the principal amount, rate or rates of 
interest, denomination or denominations, date, maturity or maturities 
(within the limits prescribed by the Act and the Code), for the Bonds; 

9.3. May appoint a trustee or trustees, a bond registrar 
and a paying agent or agents for the Bonds; 

9.4. Shall approve the form and contents of, and the 
execution and delivery of (where applicable), the Loan Agreement, and 
such documents, including (without Hmitation) trust agreements, 
assignments, mortgages, deeds of trust, guarantees and security 
instruments to which the City is, or may become a party or beneficiary 
and which may be necessary or desirable to effectuate the issuance, sale 
and delivery of the Bonds; 

9.5. Shall determine the time of execution, issuance, sale 
and delivery of the Bonds, and prescribe any and all other details of the 
Bonds; 

9.6. Shall determine the method, and approve the terms, 
of the sale of the Bonds, as provided in Section 8 of this Resolution; 

9.7. Shall provide for the direct payment by the Borrower 
of all costs, fees and expenses incurred by or on behalf of the Qty in 
connection with the issuance, sale and delivery of the Bonds, including 
(without limitation) costs of printing (if any) and issuing the Bonds, 
legal expenses (including the fees of bond counsel) and the 



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compensation to any person (other than full-time employees of the Qty) 
performing services by or on behalf of the Qty in connection therewith; 

9.8. May provide for the issuance and sale (subject to the 
passage at the time of the appropriate resolution authorizing the same) 
of one or more series of additional bonds and one or more series of 
refunding bonds; 

9.9. May provide for the funding of reserves for the 
Bonds and for the payment of interest on the Bonds in such amounts, or 
for such period, as the Board of Finance or the Mayor deems 
reasonable; and 

9.10i May pro\dd e for th e execution and delivery on behalf 
of th e City of cuch suppl e m e nted modificationc or am e ndments to th e 
Gt>^ L e ase as may be d ee m e d n e c e ssar)^ or desirable in conn e ction with 
th e issuanc e of th e Bonds, subject only to th e limitation that th e r e nt 
payabl e by th e Cit>^ in any y e ar und e r th e City L e as e shall not b e 
incr e as e d as a result of any such suppl e m e nt, modification or 
am e ndment; 

9.11. 9.10. May specify, prescribe, determine, provide for 
or approve such other matters, details, forms, documents or procedures 
and do any and all things necessary or appropriate for the 
authorization, sale, security, issuance, delivery or payment of or for the 
Bonds and in order to accomplish the legislative policy of the Act and 
the public purposes of this Resolution, subject to the limitations set 
forth in the Act and any limitations prescribed by this Resolution. 

SEC. 10. BE IT FURTHER RESOLVED, That the Board of Finance 
is hereby authorized and empowered to adopt one or more resolutions 
from time to time, either before or after the issuance, sale and delivery 
of the Bonds, to supplement the resolution or resolutions referred to in 
the provisions of Section 9 hereof, and the Mayor is hereby authorized 
and empowered, by executive order or otherwise, either before or after 
the issuance, sale and delivery of the Bonds, to supplement the 
executive order referred to in the provisions of Section 9 hereof, and 
thereby approve amendments or supplements to or substitutes for the 
forms and provisions of Bonds, the Loan Agreement, any trust 
agreement or similar agreements and all other docimaents approved by 
such resolution or resolutions or executive order or executive orders, 
provided that each supplemental resolution or supplemental executive 
order and each such amendment, supplement or substitute shall be in 



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accordance with the provisions of the Act, this Resolution and the 
documents executed in connection with the Bonds and then in effect. 

SEC. 11. AND BE IT FURTHER RESOLVED, That the provisions 
of this Resolution are severable, and if any provision, sentence, clause, 
section or part hereof is held to be illegal, invalid or unconstitutional or 
inapplicable to any person or circumstances, such illegality, invalidity or 
unconstitutionality, or inapplicability shall not affect or impair any of 
the remaining provisions, sentences, clauses, sections, or parts of this 
Resolution or their application to other persons or circumstances. It is 
hereby declared to be the legislative intent that this Resolution would 
have been passed if such illegal, invalid or unconstitutional provisions, 
sentence, clause, section or part had not been included herein, and if 
the person or circumstances to which this Resolution or any part hereof 
is inapplicable had been specifically exempted herefrom. 

SEC. 12. AND BE IT FURTHER RESOLVED, That either the 
Bonds or any bond anticipation notes must be issued and sold and 
within six (6) months from the date on which this Resolution is 
approved by the Mayor, provided, however, that (a) the Mayor, by 
executive order or otherwise, after a showing of good cause, prior to or 
after the expiration of such six month period, or (b) the Board of 
Finance, after showing of good cause at a public hearing held before the 
Board of Finance prior to or after the expiration of such sue month 
period, may extend the period during which either the Bonds or any 
notes in anticipation thereof may be issued and sold for one additional 
term not exceeding six (6) months from the date on which the first six 
month period expires. The Board of Finance or Mayor shall have sole 
and absolute discretion without action by the City Council of the Qty to 
determine the sufficiency or lack of sufficiency of any reason, if any is 
given, for the requested extension for the first six month period. If an 
extension is granted, notice of such extension and the reasons therefore 
must be sent to the Qty Council. To the extent that neither the Bonds 
nor such bond anticipation notes are issued and sold within twelve (12) 
months from the date on which this Resolution is approved by the 
Mayor, the authority provided in this Resolution for the Qty to issue 
and sell the bonds and any bond anticipation notes shall expire; 
provided, however, that the expiration of the authority to issue the 
Bonds, contained in this Resolution, shall not affect the present intent of 
the City to issue the Bonds, as described in Section 2 hereof. 

SEC. 13. AND BE IT FURTHER RESOLVED, That this Resolution 
shall take effect on the date of its enactment. 



375 



Res. No. 11 



Approved January 26, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

RESOLUTION NO. 11 

(Council BUI No. 436) 

A RESOLUTION concerning 

ECONOMIC DEVELOPMENT REVENUE BONDS 
(CANTON HOUSE LIMITED PARTNERSHIP PROJECT) - $1,140,000 

FOR the purpose of authorizing and empowering the Mayor and Qty 
Council of Baltimore (the "City") to issue and sell, at any time or 
from time to time, and in one or more series, as limited 
obligations and not upon its full faith and credit or pledge of its 
taxing power, its economic development revenue bonds, in the 
aggregate principal amount not to exceed One Million One 
Himdred Forty Thousand and 00/100 Dollars ($1,140,000.00) 
pursuant to and in accordance with the Maryland Economic 
Development Revenue Bond Act, Sections 14-101 to 14-109, 
inclusive, of Article 41 of the Annotated Code of Maryland (1990 
Replacement Volume and 1991 Supplement), for the purposes of 
refunding the outstanding Baltimore Qty, Maryland Industrial 
Development Revenue Bonds (Canton House Limited Partnership 
Project), 1984 Series, which bonds were issued and sold to 
finance the acquisition and renovation of an office building at 
300 Water Street, Water and South Streets, in Baltimore Qty, and 
paying certain other costs in connection therewith to the extent 
permitted under the Act (including, without limitation, costs of 
issuance of the revenue bonds) ; making certain legislative 
findings; reserving in the Qty certain rights concerning the 
issuance of such bonds; authorizing and empowering the Board of 
Finance of the Qty, by a resolution or resolutions, and the Mayor, 
by executive order or otherwise, whether before or after the 
issuance, sale and delivery of such bonds, to (a) prescribe, among 
other things but not Umited to, the form, terms, provisions, 
manner or method of issuing and selling (including negotiated as 
well as competitive bid sale), and the time or times of issuance, 
and any and all other details of such economic development 
revenue bonds and (b) do any and all things necessary, proper or 



376 



Res. No. 11 



expedient in connection with the issuance and sale of such bonds; 
providing that such bonds or bond anticipation notes issued in 
anticipation of the issuance of the Bonds must be issued and sold 
within twelve months from the date this resolution is approved by 
the Mayor, unless the Board of Finance or the Mayor approves 
one twelve-month extension as provided in this Resolution; 
authorizing the issuance of notes in anticipation of the issuance 
of such bonds; and generally providing for and determining 
various matters and details in connection with the issuance and 
sale of such bonds and bond anticipation notes. 

RECITALS 

The Maryland Economic Development Revenue Bond Act, 
Sections 14-101 to 14-109, inclusive, of Article 41 of the Annotated 
Code of Maryland (1990 Replacement Volume and 1991 Supplement) 
(the "Act"), provides that in order to accomplish the legislative policy of 
the Act, the Mayor and Qty Council of Baltimore (the "City") and any 
other public body (as defined in the Act) may issue and sell its bonds 
(as defined in the Act), as its limited obligations and not upon its full 
faith and credit or pledge of its taxing power, at any time or from time 
to time, in one or more series, for the purposes of financing or 
refinancing any costs of the acquisition (as defined in the Act) of one or 
more facilities (as defined in the Act) for one or more facility users (as 
defined in the Act) or of refunding outstanding bonds, including the 
necessary expenses of preparing, printing, selling, and issuing those 
bonds, the funding of reserves, and the payment of interest with respect 
to financing such acquisition in such amounts, or for such period, as the 
public body deems reasonable. The powers granted to the Qty by the 
Act are for the legislative purposes of (i) relieving conditions of 
unemployment in the State of Maryland (the "State") and in Baltimore 
Qty, (ii) encouraging the increase of industry and commerce and a 
balanced economy in the State and in Baltimore City, (iii) assisting in 
the attraction of existing industry and commerce and in the attraction of 
new industry and commerce in the State and in Baltimore Qty, (iv) 
promoting economic development in the State and in Baltimore Qty, 
and (v) promoting the general health, welfare and safety of the 
residents of the State and Baltimore Qty. 

On December 28, 1984, the Qty issued and sold its Baltimore 
Qty, Maryland Industrial Development Revenue Bonds (Canton House 
Limited Partnership Project), 1984 Series, in the aggregate principal 
amount of One Million Two Hundred Fifty Thousand and 00/100 
Dollars ($1,250,000) (the "Prior Bonds") and loaned the proceeds 



377 



Res. No. 11 



thereof to Canton House Limited Partnership , an affiliate of the Cordish 
Company (the "Borrower"), for the purpose of financing the acquisition 
and renovation of a five-story office building known as the "Canton 
House", which is located at 300 Water Street, at the comer of South 
Street, in Baltimore Qty (the "Facility"). 

The Prior Bonds were issued under a Loan Agreement dated as of 
December 28, 1984 between the Qty and the Borrower and an 
Assignment and Security Agreement, dated as of December 28, 1984, 
between the Qty and Equitable Bank, National Association, and 
pursuant to (a) the Act, (b) Ordinance No. 47 of the 1984 Legislative 
Session of the Qty, passed by the Qty Council of the Qty on April 17, 
1984 and approved by the Mayor of the City (the "Mayor") on April 19, 
1984, and (c) a resolution of the Board of Finance of the Qty adopted 
on July 13, 1984. 

The Facility constitutes and is operated by the Borrower as a five- 
story office building containing approximately 15,000 square feet of 
usable space located at the comer of South and Water Streets, together 
with (i) necessary or desirable equipment, tenant improvements, 
fixtures and machinery, (ii) the land site and interests in land necessary 
or desirable for the Facility, together with roads or other rights of 
access, utilities and other necessary or desirable facilities, and (iii) all 
improvements, modifications and additions to all or any portion of the 
Facility. Portions of the Facility are currently leased by the Borrower to 
Edgewater Partnership Limited Partnership, an affiliate of The Cordish 
Company. 

The City has received a letter of intent dated November 25, 1992 
(the "Letter of Intent") from the Borrower, pursuant to which the 
Borrower has requested the Qty to issue and sell its economic 
development revenue bonds, as its limited obligations and not upon its 
full faith and credit or pledge of its taxing power, at any time or from 
time to time and in one or more series, in an aggregate principal 
amount not to exceed One Million One Hundred Forty Thousand and 
00/100 Dollars ($1,140,000.00) (the "Bonds"), piu^uant to and in 
accordance with the Act, for the purpose of refunding the outstanding 
Prior Bonds, including the payment of all accmed and unpaid interest 
and redemption premiums, if any, on the Prior Bonds, and paying 
certain other costs in connection therewith to the extent permitted 
under the Act (including, without limitation, costs of issuance of the 
Bonds and payment of an administrative fee). 



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Res. No. 11 



The Letter of Intent expresses the Borrower's intention that the interest 
payable on the portion of the Bonds issued to pay the outstanding 
principal of the Prior Bonds shall be exempt from Federal Income 
Taxation pursuant to Section 103 of the Internal Revenue Code of 1986, 
as amended (the "Code"), and the Borrower represents in the Letter of 
Intent that such Bonds will not be subject to the Qt/s volume cap 
pursuant to Section 146(i) of the Code. The Letter of Intent expresses 
the Borrower's intention that the interest payable on the remainder of 
the Bonds will not be exempt from federal income taxation. The 
Borrower acknowledges in the Letter of Intent that the Qty reserves 
certain rights concerning the issuance of the Bonds as provided in 
Section 6 hereof. 

The Qty, based upon the findings and determinations set forth 
below, has determined to issue, sell and deliver, at any time or from 
time to time and in one or more series, its Bonds in an aggregate 
principal amount not to exceed One Million One Hundred Forty and 
00/100 Dollars ($1,140,000.00), and to lend the proceeds of the Bonds 
for the benefit of the Borrower upon the terms and conditions of one or 
more loan or financing agreements to be entered into between the Qty 
and the Borrower (and any other parties necessary to implement and 
consummate the transaction), such proceeds to be used by the Borrower 
to refund the Prior Bonds and pay such other costs as may be permitted 
by the Act and agreed to by the Qty (including, without limitation, costs 
of issuance of the Bonds). 

The Act provides that the Qty may authorize and empower the 
Board of Finance of the Qty (the "Board"), by resolution, or the Mayor, 
by executive order or otherwise, to determine and set forth the form, 
terms, provisions, manner, or method of issuing and selling (including 
negotiated as well as competitive bid sale), and the time or times of 
issuance, and any and all other details of the Bonds and the issuance 
and sale thereof, and to do any and all things necessary, proper or 
expedient in connection with the issuance and sale of the Bonds; now, 
therefore, in accordance with the Act: 

SECTION 1. BE IT RESOLVED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That acting pursuant to the Act it is hereby 
foimd and determined as follows: 

1.1. The Borrower is a "facility applicant" and a "facility 
user" within the meaning of the Act; the Facility is a "facility" within the 
meaning of the Aa; and this Resolution is a "resolution" within the 
meaning of the Act. 



379 



Res. No. 11 

1.2. The acquisition of the Facility and the financing 
thereof has promoted, and the refunding of the Prior Bonds and 
payment of other costs authorized herein will continue to promote the 
declared legislative purposes of the Act by (a) relieving conditions of 
imemployment in the State and in Baltimore Qty; (b) encouraging the 
increase of industry and commerce and a balanced economy in the State 
and in Baltimore Qty; (c) assisting in the retention of existing industry 
and conmaerce and in the attraction of new industry and commerce in 
the State and in Baltimore Qty; (d) promoting economic development; 
and (e) generally promoting the health, welfare and safety of the 
residents of the State and Baltimore Qty. 

1.3. The Bonds and the interest thereon will be limited 
obligations of the Qty and the principal of, premium, if any, and 
interest thereon shall be payable solely from the revenues received in 
connection with the financing of the Facility or from any other monies 
made available to the Qty for such purpose. Any bond anticipation 
notes shall also be payable from the proceeds of the Bonds in 
anticipation of which such notes were issued. Neither the Bonds nor 
the interest thereon shall ever constitute an indebtedness or a charge 
against the general credit or taxing powers of the Qty within the 
meaning of any constitutional or charter provision or statutory 
limitation and neither shall constitute or give rise to any pecimiary 
liability of the Qty. 

1.4. Neither the proceeds of the Bonds nor the payments 
of the principal of, premium, if any, and interest on the Bonds will be 
conmiingled with the Qt/s funds or will be subject to the absolute 
control of the Qty, but will be subject only to limited supervision and 
the Qty shall retain only those rights as are deemed necessary or 
desirable by the Qty to ensure that the proceeds of the Bonds are used 
to accomplish the public purposes of the Act and this Resolution. The 
transactions provided for hereby do not constitute any physical public 
betterment or improvement or the acquisition of property for public use 
or the purchase of equipment for public use. 

SEC. 2. AND BE IT FURTHER RESOLVED, That this 

Resolution, among other things, evidences the present intent of the Qty 
to issue, sell and deliver the Bonds in accordance with the terms and 
provisions of the Resolution. The Mayor is hereby authorized, 
empowered and directed to accept the Letter of Intent on behalf of the 
Qty in order to further evidence the present intent of the Qty to issue 
and sell the Bonds in accordance with the terms and provisions of the 
Resolution. 



380 



Res. No. 11 



SEC. 3. AND BE IT FURTHER RESOLVED, That the Qty is 

hereby authorized and empowered to issue, sell and deliver the Bonds, 
at any time or from time to time in one or more series, in an aggregate 
principal amount not to exceed One Million One Hundred Forty 
Thousand and 00/100 Dollars ($1,140,000.00), subject to the provisions 
of this Resolution. For the purposes of applying the foregoing Umitation 
in the event that any refunding bonds or bonds issued to repay bond 
anticipation notes are issued, the outstanding principal amount of any 
bonds or bond anticipation notes, respectively, provisions for the 
payment of which have been made from the proceeds of such refunding 
bonds or such bonds, respectively, or from other sources, shall not be 
taken into account when determining the aggregate principal amount of 
bonds issued sold and delivered pursuant to this Resolution. 

SEC. 4. AND BE IT FURTHER RESOLVED, That the Bonds 

shall mature on December 1, 2008. 

SEC. 5. AND BE IT FURTHER RESOLVED, That the Qty will 

lend the proceeds of the Bonds to the Borrower pursuant to the terms 
and provisions of one or more loan agreements (within the meaning of 
the Act) or financing agreements (the "Loan Agreement"), to be used by 
the Borrower for the purpose of refunding the Prior Bonds and paying 
such other costs as may be permitted by the Act and agreed upon by the 
Gty (including, without limitation, costs of issuance of the Bonds). The 
Loan Agreement will provide that the Borrower will make payments 
which will be sufficient to enable the City to pay the principal of, 
premium, if any, and interest on the Bonds when and as the same 
become due and payable. 

SEC. 6. AND BE IT FURTHER RESOLVED, That the Qty 

reserves the right, and in its sole and absolute discretion, to take any 
action deemed necessary by the Qty in order to ensure that the Gty (a) 
complies with present federal and state laws and any pending of future 
federal or state legislation, whether proposed or enacted, which may 
affect or restrict the issuance of the Bonds, and (b) issues its bonds, 
within the limits imposed by any such laws, or any such pending or 
future legislation or any future local laws, to finance or refinance those 
facilities which the Qty determines, in its sole and absolute discretion, 
wiU provide the greatest benefit to the Qty. 

In particular, the Qty reserves the right to choose to issue its 
bonds (within the meaning of the Act and any present or future state 
or local laws) in such order of priority as it may determine in its sole 
and absolute discretion. 



381 



Res. No. 11 



Pursuant to the provisions of this Section 6, the City reserves the 
right in its sole and absolute discretion to, among other things, (a) 
never issue the Bonds, (b) issue only a portion of the aggregate 
principal amount of the Bonds requested by the Borrower, (c) restrict 
the use of the proceeds of the Bonds, (d) subject to Section 12 hereof, 
delay the issuance of the Bonds, or (e) take any other actions deemed 
necessary by the Qty, in its sole and absolute discretion, in order to 
ensure that the Qty achieves the goals set forth in the preceding 
paragraph. 

SEC. 7. AND BE IT FURTHER RESOLVED, That the Bonds 

shall be executed in the name of the Qty and on its behalf by the Mayor 
by his manual or facsimile signature, and by the Director of Finance of 
the City, by his manual or facsimile signature, and the corporate seal of 
the Qty or a facsimile thereof shall be impressed or otherwise 
reproduced thereon and attested by the Custodian or Alternate 
Custodian of the City Seal by her manual or facsimile signature. The 
Mayor, the Director of Finance of the City, the Custodian or Alternate 
Custodian of the City Seal and other officials of the City are hereby 
authorized and empowered to do all such acts and things and to 
execute, acknowledge, enseal and deliver on behalf of the City such 
documents and certificates, including (vNdthout limitation) the Loan 
Agreement, as the Board of Finance or the Mayor may determine to be 
necessary or desirable to carry out and comply with the provisions of 
this Resolution, subject to the limitations set forth in the Act and any 
Hmitations set forth in this Resolution. If any officer whose signature or 
a facsimile of his signature appears on the Bonds or any of the aforesaid 
documents ceases to be such officer before the delivery of the Bonds or 
any of the other aforesaid documents, such signature or such facsimile 
shall nevertheless be valid and sufficient for all purposes, the same as if 
such officer had remained in office until delivery. 

SEC. 8. AND BE IT FURTHER RESOLVED, That, as permitted 

by the Act, the Bonds either may be sold at a private (negotiated) sale, 
at par or at such other prices as the Board of Finance or the Mayor 
deems appropriate, or may be sold at a public sale, at par, above par or 
below par, in either or both of which events, the Bonds shall be sold in 
such manner, at such times, and upon such terms and conditions as the 
Board of Finance or the Mayor deems to be in the best interest of the 
Qty. 

SEC. 9. AND BE IT FURTHER RESOLVED, That prior to the 

issuance, sale and delivery of the Bonds, the Board of Finance by a 
resolution or resolutions, or the Mayor by executive order or otherwise: 



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Res. No. 11 



9.1. Shall prescribe the form, tenor, terms and conditions 
of and security for the Bonds; 

9.2. Shall prescribe the principal amount, rate or rates of 
interest, denomination or denominations, date, maturity or maturities 
(within the limits prescribed by the Act and the Code), for the Bonds; 

9.3. May appoint a trustee or trustees, a bond registrar 
and a paying agent or agents for the Bonds; 

9.4. Shall approve the form and contents of, and the 
execution and delivery of (where applicable), the Loan Agreement, and 
such documents, including (without limitation) trust agreements, 
assignments, mortgages, deeds of trust, guarantees and security 
instruments to which the Qty is, or may become a party or beneficiary 
and which may be necessary or desirable to effectuate the issuance, sale 
and delivery of the Bonds; 

9.5. Shall determine the time of execution, issuance, sale 
and delivery of the Bonds, and prescribe any and all other details of the 
Bonds; 

9.6. Shall determine the method, and approve the terms, 
of the sale of the Bonds, as provided in Section 8 of this Resolution; 

9.7. Shall provide for the direct payment by the Borrower 
of all reasonable costs, fees and expenses incurred by or on behalf of 
the Qty in connection with the issuance, sale and delivery of the Bonds, 
including (without limitation) costs of printing (if any) and issuing the 
Bonds, legal expenses (including the fees of bond counsel) and the 
compensation to any person (other than full-time employees of the Qty) 
performing services by or on behalf of the City in connection therewith; 

9.8. May provide for the issuance and sale (subject to the 
passage at the time of the appropriate resolution authorizing the same) 
of one or more series of additional bonds and one or more series of 
refunding bonds; 

9.9. May provide for the funding of reserves for the 
Bonds and for the payment of interest on the Bonds in such amounts, or 
for such period, as the Board of Finance or the Mayor deems 
reasonable; and 



383 



Res. No. 11 



9.10. May specify, prescribe, determine, provide for or 
approve such other matters, details, forms, documents or procedures 
and do any and all things necessary or appropriate for the 
authorization, sale, security, issuance, delivery or payment of or for the 
bonds and in order to accomplish the legislative policy of the Act and 
the public purposes of this Resolution, subject to the limitations set 
forth in the Act and any limitations prescribed by this Resolution. 

SEC. 10. BE IT FURTHER RESOLVED, That the Board of 
Finance is hereby authorized and empowered to adopt one or more 
resolutions from time to time, either before or after the issuance, sale 
and delivery of the Bonds, to supplement the resolution or resolutions 
referred to in the provisions of Section 9 hereof, and the Mayor is 
hereby authorized and empowered, by executive order or otherwise, 
either before or after the issuance, sale and delivery of the Bonds, to 
supplement the executive order referred to in the provisions of Section 9 
hereof, and thereby approve amendments or supplements to or 
substitutes for the forms and provisions of Bonds, the Loan Agreement, 
any trust agreement or similar agreements and all other documents 
approved by such resolution or resolutions or executive order or 
executive orders, provided that each supplemental resolution or 
supplemental executive order and each such amendment, supplement or 
substitute shall be in accordance with the provisions of the Act, this 
Resolution and the docimients executed in connection with the Bonds 
and then in effect. 

SEC. 11. AND BE IT FURTHER RESOLVED, That the provisions 
of this Resolution are severable, and if any provision, sentence, clause, 
section or part hereof is held to be illegal, invalid or unconstitutional or 
inapplicable to any person or circumstances, such illegality, invalidity or 
imconstitutionality, or inapplicability shall not affect or impair any of 
the remaining provisions, sentences, clauses, sections, or parts of this 
Resolution or their application to other persons or circumstances. It is 
hereby declared to be the legislative intent that this Resolution would 
have been passed if such illegal, invalid or unconstitutional provision, 
sentence, clause, section or part had not been included herein, and if 
the person or circumstances to which this Resolution or any part hereof 
is inapplicable had been specifically exempted herefrom. 

SEC. 12. AND BE IT FURTHER RESOLVED, That either die 
Bonds or any bond anticipation notes must be issued and sold and 
within twelve (12) months from the date on which this Resolution is 
approved by the Mayor, provided, however, that (a) the Mayor, by 
executive order or otherwise, after a showing of good cause, prior to or 



384 



Res. No. 12 



after the expiration of such twelve (12) month period, or (b) the Board 
of Finance, after showing of good cause at a pubHc hearing held before 
the Board of Finance prior to or after the expiration of such twelve (12) 
month period, may extend the period during which either the Bonds or 
any notes in anticipation thereof may be issued and sold for one 
additional term not exceeding twelve (12) months from the date on 
which the first twelve (12) month period expires. The Board of Finance 
or Mayor shall have sole and absolute discretion without action by the 
Qty GDuncil of the Qty to determine the sufficiency or lack of 
sufficiency of any reason, if any is given, for the requested extension for 
the first twelve (12) month period. If an extension is granted, notice of 
such extension and the reasons therefore must be sent to the Qty 
Council. To the extent that neither the Bonds nor such bond 
anticipation notes are issued and sold within twenty-four (24) months 
from the date on which this Resolution is approved by the Mayor, the 
authority provided in this Resolution for the Qty to issue and sell the 
bonds and any bond anticipation notes shall expire; provided, however, 
that the expiration of the authority to issue the Bonds, contained in this 
Resolution, shall not affect the present intent of the Qty to issue the 
Bonds, as described in Section 2 hereof. 

SEC. 13. AND BE IT FURTHER RESOLVED, That this 
Resolution shall take effect on the date of its enactment. 

Approved January 26, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

RESOLUTION NO. 12 

(Council Bill No. 246) 

A RESOLUTION OF THE MAYOR AND CITY COUNCIL concerning 

VACANT HOUSES 

FOR the purpose of requesting the Commissioner of the Department of 
Housing and Community Development to submit annually a 
Vacant House Status Report and to implement certain 
recommendations. 



385 



Res. No. 12 



WHEREAS, A "vacant house", as defined by city law, is a house 
unoccupied and unfit for human habitation; and 

WHEREAS, Vacant houses are incubators for illegal drug 
activities, rodent infestations, and other problems that blight the 
neighborhoods, thus constituting a serious threat to public health, 
safety, and welfare; and 

WHEREAS, As of May 18, 1992 there were approxunately 6,300 
vacant houses scattered in neighborhoods throughout the city, and 
many of these houses have been vacant for years, untended and 
deteriorating; and 

WHEREAS, The need to remove this menace to our community is 
urgent; now, therefore, be it 

RESOLVED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Mayor and Gtv Coimcil hereby requests the 
Commissioner of the Department of Housing and Community 
Development to review the Vacant House Inventory and submit to the 
aty Council by Nov e mbor 1^ 1992 February 1, 1993 a Vacant House 
Status Report that will include the following: information concerning 
the current condition of the property; a recommendation of the most 
appropriate disposition of each parcel in the Inventory, whether the 
parcel is privately owned or owned by the city and, if the parcel is 
privately owned, the name and mailing address of the owner ; and be it 
further 

RESOLVED, That the Mayor and Qty Council requests the 
Commissioner to submit a Vacant House Status Report annually, on or 
before November September 1 of each year; and be it further 

RESOLVED, That the Mayor and Qty Council requests the 
Commissioner to invite private citizens and neighborhood and 
community associations to bring to the attention of the Department of 
Housing and Community Development any dwellings or dwelling units 
that are vacant and any that are unoccupied and likely to become 
vacant; and be it further 

RESOLVED, That the Mayor and Gty Council urges the 
Commissioner to proceed without delay to utilize all appropriate 
enforcement procedures and resources to implement any recommended 
demolition of vacant dwellings. 



386 



Res. No. 13 



Approved March 1, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

RESOLUTION NO. 13 

(Council Bill No. 286) 

A RESOLUTION OF THE MAYOR AND CITY COUNCIL concerning 

HOUSING CODE - INFORMATION TO PROPERTY OWNERS 

FOR the purpose of recommending that the Commissioner of Housing 
and Community Development , in cooperation with the Greater 
Baltimore Board of Realtors, inform all new ovyoiers of residential 
real estate of their responsibilities under the Baltimore Qty 
Housing Code. 

WHEREAS, Housing codes or th e ir e quival e nt minimum livability 
codes are mandated by State law for every jurisdiction in Maryland for 
the purpose of protecting public health, safety, and welfare and to 
prevent neighborhood blight and decay; and 

WHEREAS, The Baltimore Qty Housing Code provides minimum 
standards for all dwellings in the Qty, whether owner-occupied or 
tenant-occupied; specifies responsibihties of tenants and landlords; and 
contains registration and licensing requirements for rental units; and 

WHEREAS, Many owners of residential property are unaware of 
the requirements of the Housing Code; now, therefore, be it 

RESOLVED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Mayor and City Council hereby requests the 
Commissioner of Housing and Community Development , in cooperation 
with the Greater Baltimore Board of Realtors, to utilize an appropriate 
time or place in the residential real estate ownership transfer procedure 
to inform each new owner of responsibilities under the Housing Code. 

Approved March 1, 1993 

KURT L. SCHMOKE, Mayor 



387 



Res. No. 14 

CITY OF BALTIMORE 

RESOLUTION NO. 14 

(Council BUI No. 287) 

A RESOLUTION OF THE MAYOR AND CITY COUNCIL concerning 

PUBLIC HOUSING - FEDERAL REQUIREMENTS 

FOR the purpose of requesting the Secretary of the U.S. Department of 
Housing and Urban Development to provide a measure of 
flexibility concerning replacement units for public housing. 

WHEREAS, Current federal regulations require that the 
replacement imits for public housing imits undergoing renovation or 
removal so closely match the imits being replaced that it is often 
impossible to find an acceptable replacement, with the result that 
needed improvements to public housing are delayed or cancelled; and 

WHEREAS, Public housing residents and the community would 
benefit if adequate, although not identical, replacement imits could be 
used; now, therefore, be it 

RESOLVED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Mayor and City Council request the Secretary of 
the U.S. Department of Housing and Urban Development to provide a 
measure of flexibility concerning replacement units for public housing. 

Approved March 1, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

RESOLUTION NO. 15 

(Council Bill No. 288) 

A RESOLUTION OF THE MAYOR AND CITY COUNCIL concerning 

SANITARY MAINTENANCE OF DWELLINGS 
EDUCATION OF OCCUPANTS 



388 



Res. No. 15 



FOR the purpose of requesting the Commissioner of Housing and 

Community Development and the Director of Public Works to 
institute a program of class e s or clinics to provid e information -to 
r e sid e nts of th e Cdty conc e rning prop e r maint e nanc e of th e ir 
dwellingsi comprehensive approach to educating the citizens of 
Baltimore, both owners and occupants, about the proper 
maintenance of dv^rellings, such approach to include a proso'am of 
classes or clinics. 

WHEREAS, Throughout the Qty there are many neglected and 
poorly cared for dwellings and dwellings units which have fallen far 
below the standards set by the Housing Code, standards which are 
essential for the prevention of blight and decay and for the safeguarding 
of public health, safety, and general welfare; and 

WHEREAS, Some ovmers and some occupants of dwellings^ 
wh e th e r t e nants or own e r occupants » are unaware of what the law 
requires of them, and some lack practical knowledge of how to properly 
maintain their residences; and 

WHEREAS, The Department of Housing and Community 
Development has in the past sponsored classes and clinics for Qty 
residents who needed information and help to properly maintain their 
dwelling units in compliance with Code requirements; and 

WHEREAS, These programs were beneficial to the residents and 
to their neighborhoods and w e r e also us e d by th e judg e s in R e nt Court 
and Housing Court as a r e sourc e for r e f e rral ; and 

WHEREAS, These pro5?rams were also useful to judges in Rent 
Court and Housing Court as a resource for referral and should again be 
made available as a sentencing option; and 

WHEREAS, At present there is no Qty-sponsored program to 
educate residents about proper maintenance of the property under their 
control; now, therefore, be it 

RESOLVED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Mayor and City Council hereby requests the 
Commissioner of Housing and Community Development and the 
Director of Public Works to institute a program of class e s or clinics to 
provide information to City r e sid e nts conc e rning the prop e r 
maint e nance of th e ir dwellings comprehensive approach to educating 
the citizens of Baltimore, both owners and occupants, about the proper 



389 



Res. No. 16 



maintenance of dwellings, such approach to include a program of 
classes or clinics for which a person referred by a court may be charged 
a fee: and be it further 

RESOLVED, That the Mayor and City Council requests the 
Commissioner of Housing and Community Development and the 
Director of Public Works to invite the cooperation of the D e partm e nt of 
Public Works and Health Department, the Department of Educatio n, and 
the private sector in planning and implementing this program. 

Approved March 1, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
RESOLUTION NO. 16 
(Council Bill No. 289) 
A RESOLUTION OF THE MAYOR AND CITY COUNCIL concerning 

RESIDENTLU SANITARY MAINTENANCE - CITIZEN INSPECTORS 

FOR the purpose of requesting the Commissioner of Housing and 

Conmiunity Development to expand and strengthen the program 
of Qtizen Inspectors. 

WHEREAS, Individual residents and neighborhood associations 
throughout the City are frustrated by the failure of some Qty dwellers 
to maintain their property in a sanitary condition as required by the 
Housing Code; and 

WHEREAS, A small number of Qtizen Inspectors have been 
trained and are currently authorized to issue notices for certain Code 
violations; and 

WHEREAS, An expanded corps of trained, vigorous Qtizen 
Inspectors would substantially benefit the neighborhoods by educating 
and motivating those residents who do not comply with Code standards; 
now, therefore, be it 



390 



Res. No. 17 



RESOLVED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Mayor and Qty Council hereby requests the 
Commissioner of Housing and Community Development to expand and 
strengthen the program of Qtizen Inspectors, and to invite and 
encourage community participation in this project. 

Approved March 1, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

RESOLUTION NO. 17 

(Council Bill No. 361) 

A RESOLUTION OF THE MAYOR AND CITY COUNCIL concerning 

BALTIMORE CITY FOREST CONSERVATION MANUAL 

FOR the purpose of adopting the Baltimore City Forest Conservation 
Manual; providing for the severability of the various parts and 
applications of this manual; and providing for an effective date 
hereof. 

WHEREAS, The State of Maryland, as set forth in the Natural 
Resources Article 5-1603, Annotated Code of Maryland (1989 
Replacement Volume, 1992 Cum. Supp.), requires the Qty of Baltimore 
to adopt a forest conservation program, including a technical manual 
outlining submittal requirements for forest stand delineations, required 
information for the approval of a forest conservation plan, specific forest 
conservation criteria, and protection techniques; and 

WHEFIEAS, The technical manual of Baltimore Qty consists of the 
State of Maryland Department of Natural Resources Forest Conservation 
Manual as supplemented and amended by the Baltimore City Forest 
Conservation Manual of 1992 , revised December 7, 1992 ; and 

WHEREAS, Acting on behalf of the City of Baltimore, the 
Department of Plaiming has prepared this manual; and 

WHEREAS, The public hearing as required by the State has been 
held; now, therefore, be it 



391 



Res. No. 18 



RESOLVED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Baltimore Qty Forest Conservation Manual of 
199 2, revised December 7, 1992 be and the same is hereby approved 
and adopted on and from the date of the acceptance and passage of this 
Resolution; and be it further 

RESOLVED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That in the event it be judicially determined that any 
word, phrase, clause, sentence, paragraph, section or part in or of this 
manual, or the application thereof to any person or circumstances, is 
invalid, the remaining provisions and the application of such provisions 
to other persons or circumstances shall not be affected thereby, the 
Mayor and Qty Coimcil hereby declaring that they would have ordained 
the remaining provisions of this manual without the word, phrase, 
clause, sentence, paragraph, section or part, or the application thereof, 
so held invalid. 

Approved March 1, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

RESOLUTION NO. 18 

(Council Bill No. 480) 

A RESOLUTION concerning 

INDUSTIUAL DEVELOPMENT AUTHORITY LOAN 
QUARANTINE ROAD/CELL NO. 6 

FOR the purpose of approving a loan or series of loans to be made by 
the Industrial Development Authority of the Mayor and City 
Council of Baltimore (the "Authority") to the Mayor and Qty 
Coimcil of Baltimore (the "City") in connection with the financing 
or refinancing of a facility described below. 

RECITALS 

WHEREAS, Resolution No. 92 of the City Council, approved on 
August 26, 1986, provided that the Authority shall finance or refinance 
such facilities that have been approved in a resolution of the Qty 
Council; and 



392 



Res. No. 18 



WHEREAS, Resolution No. 8 of the Qty Council, approved on 
June 29, 1988, pnjvided that any project or program approved for 
funding by the Qty Council in the annual Ordinance of Estimates for 
any year, or in any supplemental appropriation ordinance, is also 
approved for funding through the Authority; and 

WHEREAS, The Qty Council wishes to approve the financing of 
the Facility (as hereinafter defined) which will be in addition to the 
facihties previously approved for funding through the Authority by prior 
resolutions of the Qty Council, the annual Ordinance of Estimates, or by 
any supplemental appropriation ordinance; and 

WHEREAS, Ordinance No. 44 passed by the Qty Coimcil on June 
2, 1992 and approved by the Mayor on June 10, 1992, has approved 
the financing of the Facility, among others, from the proceeds of certain 
Qty waste obligations described in such Ordinance; and 

WHEREAS, The Qty Council believes that it will be in the best 
economic interests of the Qty to change the method of financing of the 
Facility and have it funded through the Authority rather than through 
the proceeds of the solid waste obligations issued pursuant to the above 
Ordinance; now, therefore, 

SECTION 1. BE IT RESOLVED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Authority provide a loan or a series 
of loans to the Qty in connection with the financing of all or part of a 
facihty known as Cell No. 6 at Quarantine Road Sanitary Landfill (the 
"Facility"), such loans not to exceed Twenty Five Million Dollars 
($25,000,000) in die aggregate. 

SEC. 2. AND BE IT FURTHER RESOLVED, That the foregoing 
approval shall constitute approval for the use of the proceeds of such 
loan or loans to finance or refinance the construction, renovation, 
purchase or other financing of the Facility and to pay related costs, 
including (without limitation) the expenses of issuing the loan, the 
funding of any reserves in connection with the loan, payment of interest 
on the loan and the payment of principal or interest on previous 
indebtedness issued with respect to the financing of the Facility, all to 
the fullest extent and within the limits prescribed by applicable law. 

SEC 3. AND BE IT FURTHER RESOLVED, That this resolution 
shall take effect on the date of its enactment. 



393 



Res. No. 19 



Approved April 8, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

RESOLUTION NO. 19 

(Council Bill No. 586) 

A RESOLUTION concerning 

MARYLAND INDUSTRLU DEVELOPMENT FINANCING AUTHORITY 

REVENUE BONDS - BALTIMORE INTERNATIONAL 

CULINARY COLLEGE FOUNDATION, INC. 

FOR the purpose of approving the issuance and sale by the Maryland 
Industrial Development Financing Authority, pursuant to the 
Maryland Economic Development Revenue Bond Act and the 
Maryland Industrial Development Financing Authority Act, of one 
or more series of its Umited obligation economic development 
revenue bonds in an aggregate principal amount not to exceed 
$11,500,000 for the purpose of financing the costs of acquisition 
(as defined in such Acts) by Baltimore International Culinary 
College Foundation, Inc., a Maryland nonprofit corporation (the 
"Applicant"), of a certain facility (as defined in such Acts) located 
within the geographical boundaries and jurisdiction of Baltimore 
Qty, Maryland, which facility shall consist of and include (a) for 
the Commerce Building (i) the acquisition of a parcel of land 
located at 17 Commerce Street in Baltimore City, Maryland 
together with any and all improvements existing thereon, which 
improvements include and consist of a four-story masonry 
building with approximately 65,000 square feet of leasable space, 
(ii) the acquisition and installation of certain necessary or useful 
furniture, fixtures, equipment and machinery, and (iii) the 
acquisition of such other interests in land or improvements as 
may be necessary or suitable for the foregoing, including roads 
and rights of access, utilities and other necessary site preparation 
facilities, within the geographical boundaries and jurisdiction of 
Baltimore Qty, Maryland, and to be leased for a nominal rent on 
a net basis to The Baltimore International Culinary College, Inc., 
a Maryland nonprofit corporation (the "College"), as 
administrative offices, classrooms, faculty offices, library, 
admissions office, marketing office and other similar uses in its 



394 



Res. No. 19 



business in furtherance of the mission of the College to provide to 
its students the education, training and experience necessary to 
pursue careers in the food service and hospitality industry, and 
(b) for the Franklin Building (i) the acquisition of a parcel of land 
containing approximately 16, 119 square feet located at 24 West 
Franklin Street, in Baltimore Qty, Maryland together with any 
and all improvements existing thereon, which improvements 
include and consist of a nine-story masonry building containing 
approximately 122,700 square feet, (ii) the acquisition and 
installation of certain necessary or useful furniture, fixtures, 
equipment and machinery, and (iii) the acquisition of such other 
interests in land or improvements as may be necessary or suitable 
for the foregoing, including roads and rights of access, utilities 
and other necessary site preparation facilities, within the 
geographical boundaries of Baltimore Qty, and to be used by the 
Applicant to provide facilities and support to the College by 
making available dormitory rooms to students of the College and 
permitting the College to operate a training facility in furtherance 
of the College's mission; specifying and describing such facility; 
generally describing the public purpose to be served by such 
facility; specifying and describing various matters in connection 
therewith; and relating generally thereto. 

RECITALS 

The Maryland Industrial Development Financing Authority Act 
(the "MIDFA Act"), provides that in order to accomplish the purposes of 
the MIDFA Act, the Maryland Industrial Development Financing 
Authority (the "Authority"), on behalf of the State of Maryland (the 
"State"), may issue and sell bonds as provided in and in accordance with 
the Maryland Economic Development Revenue Bond Act (the "Revenue 
Bond Act"). The MIDFA Act and the Revenue Bond Act are herein 
sometimes collectively referred to as the "Acts." The MIDFA Act further 
provides that the Authority may accomplish the acquisition of one or 
more facilities from the proceeds of the sale of its bonds by one or more 
of the methods described in the Revenue Bond Act. 

Section 13-138(e) of the MIDFA Act provides that prior to the 
issuance and sale of bonds by the Authority, the legislative body of the 
county or municipality in which the facility (as defined in the Acts) to 
be financed with the proceeds of the bonds is to be located shall adopt a 
resolution which shall (a) be administrative in nature, not subject to the 
procedures required for legislative acts and not subject to referendum, 



395 



Res. No. 19 



(b) specify and describe the facility, and (c) generally describe the 
public purpose to be served by the facility. 

Baltimore International Culinary College Foundation, Inc., a 
Maryland nonprofit corporation (the "Applicant"), has requested Mayor 
and City Council of Baltimore, a body politic and corporate and a 
political subdivision of the State and a county and a public body within 
the meaning of the Acts (the "City"), to approve the issuance by the 
Authority of its bonds in an aggregate principal amount not to exceed 
$11,500,000 to provide for the financing of the costs of acquisition by 
the Applicant of a certain facility located within the geographical 
boundaries and jurisdiction of the Qty (the "Facility") and more 
particularly described below. 

The Qty has determined, based upon the findings and 
determinations hereinafter set forth, that it is in the best interests of the 
citizens of the Qty that the Qty approve the financing by the Authority 
of the costs of acquisition by the Applicant of the Facility by approving 
the issuance and sale by the Authority, pursuant to the Acts, at any time 
and from time to time, of one or more series of its limited obligation 
economic development revenue bonds in an aggregate principal amount 
not to exceed $11,500,000. 

NOW, THEREFORE, PURSUANT TO AND IN ACCORDANCE 
WITH THE ACTS: 

SECTION 1. BE IT RESOLVED BY MAYOR AND CITY COUNCIL 
OF BALTIMORE, That all words and terms used in this Resolution 
(including the Recitals set forth above) that are defined or used in the 
Acts shall have the meaning indicated in the Acts, unless the context 
clearly requires a contrary meaning. 

SEC. 2. AND BE IT FURTHER RESOLVED, That the Facility shall 
consist of and include (a) for the Commerce Building (i) the acquisition 
of a parcel of land located at 17 Commerce Street in Baltimore Qty, 
Maryland together with any and all improvements existing thereon, 
which improvements include and consist of a four-story masonry 
building with approximately 65,000 square feet of leasable space, (ii) 
the acquisition and installation of certain necessary or useful furniture, 
fixtures, equipment and machinery, and (iii) the acquisition of such 
other interests in land or improvements as may be necessary or suitable 
for the foregoing, including roads and rights of access, utilities and 
other necessary site preparation facilities, within the geographical 
boimdaries and jurisdiction of Baltimore Qty, Maryland, and to be 



396 



Res. No. 19 



leased for a nominal rent on a net basis to The Baltimore International 
Culinary College, Inc., a Maryland nonprofit corporation (the "College"), 
as administrative offices, classrooms, faculty offices, library, admissions 
office, marketing office and other similar uses in its business in 
furtherance of the mission of the College to provide to its students the 
education, training and experience necessary to pursue careers in the 
food service and hospitality industry, and (b) for the Franklin Building 
(i) the acquisition of a parcel of land containing approximately 16, 119 
square feet located at 24 West Franklin Street, in Baltimore Qty, 
Maryland together with any and all improvements existing thereon, 
which improvements include and consist of a nine-story masonry 
building containing approximately 122,700 square feet, (ii) the 
acquisition and installation of certain necessary or useful furniture, 
fixtures, equipment and machinery, and (iii) the acquisition of such 
other interests in land or improvements as may be necessary or suitable 
for the foregoing, including roads and rights of access, utilities and 
other necessary site preparation facilities, within the geographical 
boundaries of Baltimore Qty, and to be used by the Facility Applicant to 
provide facilities and support to the College by making available 
dormitory rooms to students of the College and permitting the College 
to operate a training facility in furtherance of the College's mission. 

SEC. 3. AND BE IT FURTHER RESOLVED, That it is hereby found 
and determined that the Facility and the financial assistance to be 
provided by the Authority as described in this Resolution, will fulfill, 
accomplish and promote, the declared public purposes of the Acts, 
which are to (a) relieve conditions of unemployment in the State, 
(b) encourage the increase of industry and commerce and a balanced 
economy in the State, (c) assist in the retention of existing industry and 
commerce and in the attraction of new industry and commerce in the 
State, (d) promote economic development in the State and (e) generally 
promote the health, welfare, and safety of the residents of each of the 
counties and municipalities of the State. Specifically, it is hereby found 
and determined that the financing of the costs of acquisition of the 
Facility by the Applicant will increase employment in the Qty by 
creating approximately 15 new jobs within three years, increase the 
enrollment of the College and enhance the programs of the College. 
Accordingly, it is in the interest of the public welfare of the citizens of 
the State and of the Qty that the City approve the issuance by the 
Authority of its bonds for the purpose of financing the costs of 
acquisition of the Facility. 

SEC. 4. AND BE IT FURTHER RESOLVED, That the City hereby 
approves the issuance and sale by the Authority at any time and from 



397 



Res. No. 19 



time to time of one or more series of its limited obligation economic 
development revenue bonds in an aggregate principal amomit not to 
exceed $11,500,000 (the "Bonds"), the proceeds of any series of which 
may be used by the Authority to make a loan to the Applicant, the 
proceeds of which loan shall be used by the Applicant to finance the 
costs of acquisition of the Facility. 

SEC. 5. AND BE IT FURTHER RESOLVED, That (a) the Bonds, the 
interest thereon and the purchase price thereof will be limited 
obligations of the Authority, payable solely from revenues or moneys to 
be received by the Authority in connection with the financing of the 
costs of acquisition of the Facility or firom any other funds provided 
therefor, (b) the Bonds will not constitute an indebtedness to which the 
faith and credit of the State, the Department of Economic and 
Employment Development of the State (the "Department"), the 
Authority, the Qty or any other public body is pledged, and (c) neither 
the Bonds nor the interest thereon nor the purchase price thereof shall 
ever constitute an indebtedness or a charge against the general credit or 
taxing powers of the State, the Department, the Authority, the Qty or 
any other public body and none of the above shall ever constitute or 
give rise to any pecimiary liability of the State, the Department, the 
Authority, the Qty or any other public body. 

SEC. 6. AND BE IT FURTHER RESOLVED, That the Bonds shall 
be authorized, issued, sold and delivered without direct or indirect cost 
to the Qty, and to that end, the Applicant shall pay all necessary 
expenses of preparing, printing, selling and issuing the Bonds and all 
other costs contemplated and permitted by the Acts, including, without 
limitation, any and all costs, fees and expenses (including, without 
limitation, any attorneys' fees) incurred by or on behalf of the Qty in 
connection with this Resolution or the publication of notices of any 
public hearings to be held in connection herewith, whether or not the 
proposed financing is consummated. 

SEC. 7. AND BE IT FURTHER RESOLVED, That the passage of 
this Resolution shall not in any way indicate the approval of, or 
constitute any commitment for approval by, the Qty or any of its 
officers or employees of, any license, permit, application or any other 
request to the Qty with respect to the financing, zoning, construction, 
acquisition or operation of the Facility. 

SEC. 8. AND BE IT FURTHER RESOLVED, That no further action 
by the City Council is necessary to effect the financing of the costs of 
acquisition of the Facility by the Applicant or the completion of the 



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Res. No. 20 



transactions contemplated in this Resolution, including, without 
limitation, the issuance and sale of the Bonds. 

SEC. 9. AND BE IT FURTHER RESOLVED, That, in accordance 
with Section 13-138(e) of the MIDFA Act, this Resolution is 
administrative in nature, not subject to the procedures required for 
legislative acts of the Qty and not subject to referendum. 

SEC. 10. AND BE IT FURTHER RESOLVED, That this Resolution 
shall take effect on the date of its approval by the Mayor of the Qty. 

Approved June 30, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

RESOLUTION NO. 20 

(Council Bill No. 466) 

A RESOLUTION OF THE MAYOR AND CITY COUNCIL concerning 

CITY SERVICES FOR SPECLU EVENTS 

FOR the purpose of establishing an advisory board to acsist th e Board of 
Ectimat e c in s e tting study, report on and make recommendations 
concerning fees for the Qty services for special events sponsored 
by non-profit organizations. 

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That there is hereby established an advisory board whos e 
purpos e is to acsist th e Board of Estimat e s in s e tting authorized to 
study, report on and make recommendations concerning fees for the 
Qty services provided for special events sponsored by non-profit 
organizations. The five members of the board shall b e : th e Polic e 
Commission e r; th e Director of Public Worki;; th e Dir e ctor of Financ e ; 
and a r e pr e s e ntativ e from CPHA and from th e Baltimor e Cit>r Chamb e r 
of Comm e rce, both of which shall b e appointed by th e Mayor, be 
appointed by the Mayor and shall include, to the extent practicable, 
representatives of the Baltimore Police Department, the Department of 
Public Works, the Department of Finance, the Citizens Planning and 
Housing Association, and the Baltimore City Chamber of Commerce. 



399 



Res. No. 21 



AND BE IT FURTHER RESOLVED, That the function of the board 
is to r e comm e nd advisory board shall study, and issue a report to be 
filed with the Department of Legislative Reference making 
recommendations concerning fees for the Qty services rendered to non- 
profit organizations for the parades, festivals and other special events 
occurring in the Qty. In recommending a fee for any given service, the 
board shall not only consider the dollar cost of the service, but the 
board shall also consider the benefits the Qty and its citizens receive in 
return. The board shall recognize that these special events contribute 
immeasurably to the quality of life in the Qty, that they add a sense of 
joy and fun to the everyday routine of its citizens, and that, in general, 
they have a positive effect on the community. 

AND BE IT FURTHER RESOLVED, That the board chall have tho 
furth e r duty of exploring alternative ways of cupplying th e s e advisory 
board shall consider alternatives for providing services both by 
cooperative sharing of responsibilities among Qty agencies and by 
encouraging self-help actions by conmiunity non-profit groups. 

Approved July 2, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

RESOLUTION NO. 21 

(CouncU BUI No. 597) 

A RESOLUTION concerning 

DEPARTMENT OF TRANSPORTATION 
COUNTY TRANSPORTATION REFUNDING BONDS 

FOR the purpose of authorizing the Mayor and Qty Council of 

Baltimore Qty to enter into a Participation Agreement with the 
Department of Transportation of Maryland for the purpose of 
securing the payment of the principal of and interest on Coimty 
Transportation Revenue Refunding Bonds to be issued by the 
Department of Transportation of Maryland pursuant to Subtitle 5 
of Title 3 of the Transportation Article of the Annotated Code of 
Maryland and Section 8-209 of the State Finance and 
Procurement Article of the Annotated Code of Maryland to be 
designated "Department of Transportation-County Transportation 



400 



Res. No. 21 



Revenue Bonds - Refunding Series 1993," for the purpose of 
refunding certain County Transportation Bonds issued by the 
Department of Transportation of Maryland, in order to realize 
savings in the effective costs of debt service to the Qty and other 
participating counties; pledging the Qt/s share of Highway User 
Revenues and certain other revenues to pay debt service on those 
bonds; and authorizing the officers of the Qty to take such 
further action as may be necessary and proper to consummate the 
issuance and sale of such refunding bonds. 

WHEREAS, The Mayor and City Council of Baltimore (the "City") 
has participated in the proceeds of the sale of certain issues of County 
Transportation Bonds issued from time to time by the Department of 
Transportation of Maryland (the "Department"), and in connection 
therev^th has entered into certain agreements with the Department as 
described in the form of proposed Participation Agreement attached 
hereto and made a part hereof; and 

WHEREAS, The Department has determined that it would be in 
the public interest to refund the Third, Sixth, and Seventh Series and 
any other outstanding Series of the Department's County Transportation 
Bonds - First Issue (the "Outstanding Bonds") for the public purpose of 
realizing savings in the effective costs of debt service to the several 
counties of the State of Maryland which have participated in the 
proceeds of the Outstanding Bonds; and 

WHEREAS, The Department proposes to issue and sell its 
Department of Transportation - County Transportation Revenue Bonds - 
Refunding Series 1993 (the "Refunding Bonds") in an aggregate 
principal amount which will be sufficient, together with other funds 
available therefor, for the purpose of refunding the Outstanding Bonds, 
such Refunding Bonds to be issued pursuant to Subtide 5 of Tide 3 of 
the Transportation Article of the Annotated Code of Maryland (as added 
by Chapter 539 of the Laws of Maryland of 1993) and Section 8-209 of 
the State Finance and Procurement Article of Annotated Code of 
Maryland; and 

WHEREAS, The Department has submitted to the Qty for 
execution a proposed Participation Agreement in the form attached 
hereto and made a part hereof; and 

WHEREAS, The Participation Agreement obligates the Qty to pay 
its proportionate share of debt service on the Refunding Bonds by 



401 



Res. No. 21 



pledging for that purpose its share of Highway User Revenues iinder 
Subtitle 4 of Title 8 of the Transportation Article and, if necessary, to 
use other revenues of the City to pay debt service; and 

WHEREAS, The Qty has determined that, in order to realize 
savings through a reduction in the effective costs of debt service, it 
v\rould be in die public interest to enter into the proposed Participation 
Agreement with the Department, substantially in the form attached 
hereto and made a part hereof, for the purpose of securing the payment 
of the principal of and interest on the Refunding Bonds; now therefore 

SECTION 1. BE IT RESOLVED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the proposed Participation Agreement 
to be entered into between the City and the Department of 
Transportation of Maryland, in substantially the form attached hereto 
and made a part hereof, be and it is hereby approved; and that the 
Mayor is hereby authorized and directed to execute the proposed 
Participation Agreement on behalf of the City, in substantially the form 
attached hereto and made a part hereof, with such changes 
amendments, insertions, and supplements as he shall deem to be in the 
best interests of the Qty including but not limited to the refunding of 
additional outstanding Series of County Transportation Bonds, and his 
execution of the proposed Participation Agreement shall constitute 
conclusive evidence of his approval of the final form thereof. 

SEC. 2. AND BE IT FURTHER RESOLVED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Mayor and the Director of 
Finance are hereby authorized to take such other and further action as 
may be necessary and proper to consummate the transaction 
contemplated by the proposed Participation Agreement, including the 
issuance and sale by the Department of the Refunding Bonds. 

SEC. 3. AND BE IT FURTHER RESOLVED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That this Resolution shall take effect 
from the date of its enactment. 



402 



Res. No. 21 



DEPARTMENT OF TRANSPORTATION OF MARYLAND 

COUNTY TRANSPORTATION REVENUE BONDS 

REFUNDING SERIES 1993 

PARTICIPATION AGREEMENT 

THIS PARTICIPATION AGREEMENT is made as of this 
day of , 1993 by and between the 



DEPARTMENT OF TRANSPORTATION OF MARYLAND (the 

"Department") and (the 

Tartidpant"). 

INTRODUCTION 

Subtide 5 of Tide 3 of the Transportation Article of the Annotated 
Code of Maryland (added by House Bill No. 611 as passed by the 
General Assembly at its 1993 Session), authorizes the Department to 
issue County Transportation Revenue Bonds to finance the Participant's 
(and other counties') share of the cost of certain transportation 
facilities. County Transportation Revenue Bonds issued under Subtitle 5 
are obligations of the Participant and the other participating counties 
and are not obligations of the State of Maryland or the Department. 
Section 3-519 of Subtitie 5 authorizes the Department to issue Revenue 
Refunding Bonds under that Subtitie to refund County TranspxDrtation 
Bonds previously issued under Subtitie 3 of Tide 3 of the Transportation 
Article. The Department and the Participant have determined that it 
would be in the public interest to refund the third, sixth, seventh and 
eighth series of the Department's County Transportation Bonds - First 
Issue, for the public purpose of realizing savings in the effective costs of 
debt service to the Participant and the other counties which participated 
in those bond issues. 

As required by Section 3-517 of Subtitie 5, the Department and 
the Participant have entered into this Participation Agreement to 
describe the source and nature of the revenues the Participant will 
pledge to repay the Revenue Refunding Bonds and to set forth the other 
relevant terms and conditions of the bond issue. 

The Participant has previously entered into certain Agreements 
with the Department as more particularly described in Schedule A 
anached hereto and made a part hereof (collectively, the "Agreements"), 
in connection with the issuance and sale by the Department of County 
Transportation Bonds under Subtitie 3 of Tide 3 of the Transportation 



403 



Res. No. 21 



Article. The issued and outstanding bonds of issues of County 
Transportation Bonds referred to in Schedule A are herein collectively 
called the "Outstanding Bonds". 

With respect to each of the Agreements, and the Outstanding 
Bonds to which it relates, the Department has, in accordance with such 
Agreement, on its books a separate accoimt designated as a sinking fund 
for the security of the issue of Outstanding Bonds for which it was 
established. Each of the Agreements provides, among other things, that 
the Comptroller of the State of Maryland shall, during each fiscal year, 
beginning with the fiscal year in which the Outstanding Bonds of the 
particular issue were issued, v\dthhold from Highway User Revenues 
allocated to, or held for the credit of, the Participant under Subtitle 4 of 
Title 8 of the Transportation Article of the Annotated Code of Maryland, 
as in effect from time to time, an amount equal to the Participant's 
share of the principal of and interest on the particular issue of the 
Outstanding Bonds in the current and next succeeding fiscal year. 

The Department proposes to issue and sell its Department of 
Transportation - County Transportation Revenue Bonds, Refunding 
Series 1993 (the "Refunding Bonds") in an aggregate principal amoimt 
which will be sufficient, together with any odier funds available 
therefor, for the purpose of refunding the Outstanding Bonds. The 
Refunding Bonds will be issued pursuant to Subtide 5 of Tide 3 of the 
Transportation Article of the Annotated Code of Maryland (added by 
House Bill No. 611, as passed by the General Assembly at its 1993 
Session), and Section 8-209 of the State Finance and Procurement 
Article of the Aimotated Code of Maryland (1988 Volume and 1993 
Cumulative Supplement). 

AGREEMENTS 

In consideration of the premises and in accordance with 
applicable law, the parties hereto agree as follows: 

1. The Refunding Bonds. Subject to the reservations set forth 
below, as soon as practicable after the date hereof, the Department will 
sell the Refunding Bonds in an aggregate principal amount sufficient, 
together with any other funds available therefor, to refund the 
CXitstanding Bonds. 

The Refunding Bonds shall be dated as of a date to be 
determined by the Department, shall bear interest payable semi- 
annually accoimting from the date of the Refunding Bonds, shall mature 



404 



Res. No. 21 



not later than 10 years after the date of their issue, shall bear interest at 
the rate or rates agreed upon by the purchasers of (or, in the case of a 
public sale, designated by the successful bidder for) the Refunding 
Bonds and accepted by the Secretary of Transportation of Maryland, 
and may be subject to prior redemption by the Department in the 
circumstances and at prices specified by it prior to issuance thereof and 
subject to the provisions of this Participation Agreement. 

The obligation of the Department to issue any of the Refunding 
Bonds is subject to its absolute discretion to determine when and under 
what conditions the Refunding Bonds shall be issued, the form and 
contents thereof and of any official statement issued with respect 
thereto. The Department may, in its absolute discretion, determine not 
to issue and sell the Refunding Bonds. It is the purpose of these 
reservations that this Participation Agreement is at all times subject to 
the paramount need for preserving the security of the Refunding Bonds 
and to the requirement that the issuance of the Refunding Bonds will 
realize savings in the effective costs of debt service to the several 
counties of the State of Maryland, including Baltimore Gty, which have 
participated in the proceeds of any of the Outstanding Bonds. 

2. Use of Proceeds. In the event that the Refunding Bonds are 
issued, then promptly after settlement therefor and delivery thereof, the 
Department will cause the proceeds to be applied as follows: 

(a) there shall first be deducted from the proceeds and 
paid to the Department an amount to reimburse the Department for (1) 
all expenses incurred by the Department in connection with effecting 
the issuance of the Refunding Bonds, including, but not limited to, 
expenses of printing, advertising, delivery, and financial, administrative 
and legal fees, and (2) the Department's costs of administering the 
program established under Subtide 5 of Tide 3 of the Transportation 
Article to the extent that such costs are attributable to this issue of 
Refunding Bonds; 

(b) the balance of the proceeds, together with any other funds 
available therefor, shall be used by the Department to purchase direct 
obligations of the United States of America (the "Government 
Obligations"), to be held in trust by an escrow agent designated by the 
Department (the "Escrow Agent"). The Government Obligations will 
mature at such time and in such amounts, and will bear interest payable 
at such times, and in such amounts, so that sufficient moneys will be 
available to pay, when due, all principal of and premium, if any, and 
interest on the Outstanding Bonds to and including their respective 



405 



Res. No. 21 



maturities or dates of redemption. An Escrow Agent appointed by the 
Department will apply the maturing principal of and the interest on the 
Government Obligations to the payment of the Outstanding Bonds. 
Upon the issuance of the Refunding Bonds, adequate and complete 
provision will have been made for the timely payment of the principal of 
and interest on the Outstanding Bonds. 

3. Refunding Bonds Are Obligations of the Participant . The 
Participant acknowledges and agrees that the Refunding Bonds are 
obligations of the Participant and the other participating coimties. 
Neither the State of Maryland nor the Department is obligated to pay 
the principal of or interest on the Refunding Bonds. Neither the faith 
and credit nor the taxing power of the State of Maryland or the 
Department is pledged to the payment of the principal of or the interest 
on the Refunding Bonds. 

4. Payment of the Bonds and Pledge of Highway User Revenues. 
The Participant hereby covenants and agrees that it will pay its 
proportionate share of the debt service due and payable on the 
Refunding Bonds so long as the Refunding Bonds are outstanding. 
Specifically, the Participant hereby pledges its share of Highway User 
Revenues under Subtitle 4 of Title 8 of the Transportation Article to the 
payment of the bonds. The Participant further authorizes the State 
Comptroller and the State Treasurer to withhold the Participant's share 
of Highway User Revenues and to pay the amount of such moneys 
necessary to pay debt service on the Refunding Bonds to the 
Department or to any trustee or other person designated for that 
purpose by the Department. 

In the event that the Participant's share of Highway User 
Revenues is inadequate to provide for the payment of any installment of 
debt service due on the Refunding Bonds at any time, the Participant 
hereby covenants and agrees that it will pay any amount due from other 
revenues of the Participant lawfully available for such purpose. 

The Participant hereby acknowledges and agrees that the 
Department may pledge or assign all or a portion of the Departmenf s 
rights under this Participation Agreement to guarantee repayment of the 
Refunding Bonds. 

5. Sinking Fund. To provide for the payment of the Refunding 
Bonds, the Department shall establish a separate account designated 
"County Transportation Revenue Bonds, Refunding Series 1993 Sinking 
Fund", or other appropriate designation (the "Sinking Fund"), to which 



406 



Res. No. 21 



will be credited any accrued interest and premium received upon 
settlement for the Refunding Bonds. In the Department's discretion, the 
Sinking Fund may be held and maintained by the State Comptroller or 
by a trustee or other person designated for that purpose by the 
Department. Pursuant to the Participant's authorization granted under 
this Agreement, the Department will cause the State Comptroller to 
credit and transfer to the Sinking Fund the amounts withheld by him 
from distribution to the Participant as provided below. 

The Comptroller shall withhold, during each fiscal year, from 
Highway User Revenues allocated to, or held for the credit of, the 
Participant under Subtide 4 of Tide 8 of the Transportation Article, an 
amount which is at least equal to the Participant's proportionate share 
of the debt service payable on the Refunding Bonds by the Department 
in the current fiscal year and in the next succeeding fiscal year (the 
"Participant's Refunding Bonds Debt Service Requirement"). All funds 
so allocated to, or held for the credit of, the Participant shall be so 
withheld until an amount which is at least equal to the Participant's 
Refunding Bonds Debt Service Requirement shall have been 
accumulated. In each fiscal year (or in the discretion of the 
Department, in the six-month period immediately preceding the 
beginning thereof) the Comptroller shall withhold from the funds 
allocated to, or held for the credit of, the Participant, the amount 
necessary to maintain in the Sinking Fund (exclusive of interest and 
increment, if any, on investments) an amount which is at least equal to 
the Participant's Refunding Bonds Debt Service Requirement. 

The Participant hereby authorizes the Department to cause to be 
transferred to the Sinking Fund sums on deposit in sinking funds 
established by the Department in connection with any of the 
Outstanding Bonds to the extent that the Department determines such a 
transfer necessary in order to accomplish the purposes of this 
Participation Agreement. 

In the event the Participant shall elect to pay its proportionate 
share of debt service, as set forth above, from the proceeds of taxes to 
be levied by it directly or other revenues, the Participant shall notify the 
Department and the Comptroller, in writing, not later than the first day 
of January in the calendar year in which the Participant proposes to 
make such payments and, upon receipt of such notice, the Comptroller 
shall not withhold in accordance with Section 5 hereof any of the 
Highway User Revenues allocated to, or held for the credit of, the 
Participant after the first day of July in such year, unless and until the 
Comptroller shall receive further written notice from the Participant so 



407 



Res. No. 21 



to withhold, or unless and until the Comptroller shall receive written 
notice from the Department that the Participant has failed to make the 
necessary deposit into the Sinking Fund, at the times and in the 
amounts necessary to maintain it. 

All payments on accoimt of debt service payable on the Refunding 
Bonds by the Department shall be made from the Sinking Fimd. The 
Department shall keep accurate records of the total deposits and 
disbursements credited and charged to the Sinking Fund, and of the 
deposits and disbursements made on behalf of the Participant. 

In the event deposits to the Sinking Fimd shall be continuously 
made as herein provided, the authority to withhold hereby conferred on 
the Comptroller shall terminate not later than the end of the fiscal year 
next preceding the fiscal year of the final maturity of the Refunding 
Bonds. 

The Department shall have the right from time to time, in its 
discretion, to invest any and all monies credited to the Sinking Fund as 
provided in the Resolution. Any profit realized from such investment 
shall be credited to the Sinking Fund and any loss resulting from such 
investment shall be charged to the Sinking Fimd. 

The Participant shall be entitled to reimbursement of its 
proportionate share of any balance (after payment of all costs and fees 
in connection therewith) remaining in the Sinking Fund, after all of the 
Refunding Bonds shall have matured and been paid, or provision made 
for such payment. 

6. Other Covenants and Representations by the Participant. The 
Participant further covenants and represents as follows: 

(a) there are no liens upon, or pledges of, the Participant's 
share of Highway User Revenues allocated to, or held for the credit of, 
the Participant under Subtitle 4 of Tide 8 of the Transportation Article 
prior or superior to the withholding for the purposes of this 
Participation Agreement, which impair or interfere with the 
withholdings; 

(b) the Participant will not pledge any such revenues nor 
create or permit the creation of any liens thereon prior, superior, or 
equal to the commitments made by it hereimder, and will not do or 
suffer to be done any act or thing which vdll impair or interfere with 
the security of the Refunding Bonds or which will impair or interfere 



408 



Res. No. 21 



with its ability or the ability of the Department, the Comptroller and the 
Treasurer, or any trustee to perform in accordance with the Agreements 
and this Participation Agreement; 

(c) the Participant will comply fully with Subtitle 4 of Title 
8 of the Transportation Article, as amended from time to time, including 
the requirement that the Participant certify to the State Highway 
Administration that it will use Highway User Revenues in compliance 
with all applicable laws; and 

(d) by the issuance of the Refunding Bonds by the 
Department, no debt limit or referendum requirements will be exceeded 
or violated and the Participant's involvement in such bond issue will not 
require approval by its qualified voters. 

7. Agreements for Benefits of Bondholders; Refunding Bonds Are 
Parity Bonds. It is hereby agreed that the provisions of the Agreements 
and of this Participation Agreement shall and are intended to be for the 
benefit and security of the bona fide holders from time to time of the 
Refunding Bonds and that the covenants therein and herein contained 
shall be enforceable by such holders to the same extent as though they 
were parties to the Agreements and to this Participation Agreement. 
The Participant's allocation of Highway User Revenues will be applied 
proportionately to pay debt sendee on the Refunding Bonds and on all 
series of County Transportation Bonds issued imder Subtide 3 of Title 3 
of the Transportation Article in which the Participant participated. 

8. Validity. It is hereby agreed that the parties hereto will take 
all action within their respective delegated powers to assure the legal 
validity of this Participation Agreement and of the Refunding Bonds and 
that, in the event further legislation by the General Assembly of 
Maryland should at any time be deemed necessary to assure such 
validity, they will use their best efforts to obtain the passage of such 
legislation. 

9. Approval . This Participation Agreement shall become effective 
when duly authorized and executed by both parties hereto. 

10. Effect Upon Prior Agreements. The Agreements, by their 
terras, do not expressly provide for the issuance and sale by the 
Department of refunding bonds for the purpose of refunding the 
Outstanding Bonds. The Participant and the Department intend, by the 
execution of this Participation Agreement, to provide that all of the 
covenants and agreements set forth in the Agreements for the security 



409 



Res. No. 21 



of the Outstanding Bonds shall be released and terminated upon the 
issuance of the Refunding Bonds and replaced by the covenants and 
agreements set forth in this Participation Agreement. 

11. Rebate Fund. The Department may cause to be created on 
the books of the State Treasury Department a Rebate Fund, the 
complete designation of which shall be "Department of Transportation - 
County, Transportation Revenue Refunding Bonds 1993 Rebate Fund." 
The Rebate Fund shall be held by the State Treasurer or a trustee or 
other person designated for that purpose by the Department. To the 
extent that the Department determines, upon the advice of bond 
coimsel, that it is necessary or desirable in order to assure and maintain 
the exemption from federal income taxation of interest on the Bonds 
that certain interest earnings on amounts held in connection with the 
issuance of the Bonds be rebated to the United States, the State 
Treasurer (or other holder of the Fund) shall, upon the written direction 
of an authorized officer of the Department, transfer from any fond or 
account created in connection with the Bonds to the Rebate Fund the 
amoimt specified in such written direction, which amoimt shall be 
determined in consultation with bond coimsel. 

Amounts on deposit in the Rebate Fimd from time to time 
required to be rebated to the United States shall be applied by the State 
Treasurer ( or other holder of the Fund) to the payment of such rebates 
and shall not be charged with the payment of the principal or interest 
on the Bonds. If the Department determines, upon the advice of bond 
coimsel, that any amounts on deposit in the Rebate Fund are not 
required for the payment of such rebates, the State Treasurer (or other 
holder of the Fund) may pay over or transfer such amount (as the case 
may be) to the Sinking Fund or otherwise as the Department directs. 

12. The Resolution. The execution of this Agreement has been 
duly authorized by a Resolution, which has been duly adopted by the 
Participant and is in full force and effect. 

13. Relating to Federal Tax. The Participant covenants that it 
shall comply with the provisions of the Internal Revenue Code of 1986 
(as amended to the effective date of this Agreement and regulations 
promulgated thereunder), including, without limitation, compliance 
with the provisions regarding the timing of the expenditure of the 
proceeds of the Bonds, the use of such proceeds, the restriction of 
investment yields, the filing of information with the Internal Revenue 
Service, and the rebate of certain earnings resulting from the investment 
of the proceeds of the Refunding Bonds. The participant further 



410 



Res. No. 21 



covenants that it shall make such use of its share of the proceeds of the 
Refunding Bonds, regulate the investment of such proceeds, and take, or 
refrain from taking, such other and further actions as may be required 
of it by the Department from time to time, to the extent deemed 
necessary or appropriate by bond counsel to the Department, so as to 
maintain the exemption from Federal income taxation of interest on the 
Refunding Bonds. 

14. Rules of Construction. 

A. Unless otherwise specified, the words "hereof, "herein", 
"hereunder", "hereto", "thereof, "therein", "thereunder", "thereto" and 
other words of similar import, when used in this Agreement, refer to 
this Agreement, and when used in each of the other documents, refer to 
each of the other documents in their entireties. 

B. The term "agree" and "agreements" are intended to 
include and mean "covenant" and "covenants". 

C. The headings of the Articles, Sections and other 
subsections of each document are provided only for convenience of 
reference and shall not be considered in any way in construing the 
contents of any of the documents or any part thereof. 

D. All references made in the neuter, masculine or feminine 
gender shall be deemed to have been made in all such genders; and in 
the singular or plural number shall be deemed to have been made, 
resp)ectively, in the plural or singular number as well. 

IN WITNESS WHEREOF the parties hereto have set their 
hands and seals as of the day and year first above written. 

WITNESS: DEPARTMENT OF TRANSPORTATION OF 

MARYLAND 

By 



[SEAL] 



Secretary 

APPROVED AS TO FORM AND LEGAL 

SUFFICIENCY THIS DAY 

OF ,1993 



By 

Assistant Attorney General 

411 



Res. No. 21 



SCHEDULE A TO PARTICIPATION AGREEMENT 

A. $59,270,000 Department of Transportation - County 
Transportation Bonds - First Issue, Third Series 

1. Participation Agreement dated October 1, 1980 between 
the Department and Allegany County securing the County's 
$1,200,000 share of the proceeds of those bonds 

2. Participation Agreement dated October 1, 1980 between 
the Department and Mayor and City Council of Baltimore 
securing the Qt/s $50,000,000 share of the proceeds of 
those bonds 

3. Participation Agreement dated October 1, 1980 between 
the Department and Dorchester County securing the 
County's $300,000 share of the proceeds of those bonds 

4. Participation Agreement dated October 1, 1980 between 
the Department and Anne Arundel County securing the 
Count/s $5,300,000 share of the proceeds of those bonds 

5. Participation Agreement dated October 1, 1980 between 
the Department and Caroline County securing the County's 
$300,000 share of the proceeds of those bonds 

6. Participation Agreement dated October 1, 1980 between 
the Department and St. Mary's County seeming the 
Count/s $1,520,000 share of the proceeds of those bonds 

7. Participation Agreement dated October 1, 1980 between 
the Department and Queen Anne's County securing the 
County's $650,000 share of the proceeds of those bonds 

B. $22,270,000 Department of Transportation - County 
Transportation Bonds - First Issue, Sixth Series 

1. Participation Agreement dated October 14, 1983 between 
the Department and Cecil County securing the County's 
$2,820,000 share of the proceeds of the bonds 

2. Participation Agreement dated August 16, 1983 between 
the Department and St. Mary's County securing the 
County's $665,000 share of the proceeds of the bonds 



412 



Res. No. 21 



3. Participation Agreement dated July 22, 1983 between the 
Department and Allegany County securing the County's 
$1,025,000 share of the proceeds of the bonds 

4. Participation Agreement dated October 14, 1983 between 
the Department and Mayor and City Council of Baltimore 
securing the Qt/s $10,000,000 share of the proceeds of 
the bonds 

5. Participation Agreement dated October 14, 1983 between 
the Department and Dorchester County securing the 
County's $250,000 share of the proceeds of the bonds 

6. Participation Agreement dated June 28, 1983 between the 
Department and Queen Anne's County securing the 
County's $600,000 share of the proceeds of the bonds 

7. Participation Agreement dated October 14, 1983 between 
the Department and Prince George's County securing the 
County's $6,910,000 share of the proceeds of the bonds 

C. $24,210,000 Department of Transportation - County 
Transportation Bonds - First Issue, Seventh Series 

1. Participation Agreement dated December 7, 1984 between 
the Department and Anne Arundel County securing the 
County's $1,500,000 share of the proceeds of the bonds 

2. Participation Agreement dated December 7, 1984 between 
the Department and Dorchester County securing the 
County's $250,000 share of the proceeds of the bonds 

3. Participation Agreement dated December 7, 1984 between 
the Department and Mayor and City Council of Baltimore 
securing the Qt/s $8,000,000 share of the proceeds of the 
bonds 

4. Participation Agreement dated December 7, 1984 between 
the Department and Prince George's County securing the 
County's $12,860,000 share of the proceeds of the bonds 

5. Participation Agreement dated December 4, 1984 between 
the Department and St. Mary's County securing the 
County's $1,600,000 share of the proceeds of the bonds 



413 



Res. No. 21 



D $8,795,000 Department of Transportation - County 
Transportation Bonds - First Issue, Eighth Series 

1. Participation Agreement dated August 20, 1985 between 
the Department and Calvert County securing the County's 
$1.000'000 share of the proceeds of the bonds 

2. Participation Agreement dated August 20, 1985 between 
the Department and St. Mary's County securing the 
Countys $1,400,000 share of the proceeds of die bonds 

3. Participation Agreement dated August 20, 1985 between 
the Department and Prince George's County securing the 
County's $6,395,000 share of the proceeds of the bonds 



Approved July 8, 1993 

KURT L. SCHMOKE, Mayor 



414 



ORDINANCES AND RESOLUTIONS 1992 - 1993 INDEX 

ORD PAGE 

A 

Admissions and Amusement Tax - 

Single Screen Theaters 221 146 

Adiilt Entertainment Businesses - 

Zoning Code 258 280 

Alley, south of Lombard Street • 

Streets - Qose 185 75 

Alley, south of Lombard Street - 

Streets - Open 184 73 

Alleys, Upton Urban Renewal Area - 

Streets - Qose 253 258 

Alleys, Upton Urban Renewal Area - 

Streets - Open 252 256 

Allied and Related Sites - Zoning 259 295 

AnnapoUs Road (3360) - Drive in 

Restaurant 268 344 

AppropnaQons, Supplementary - 

Housing and Community Development, 

Department of 215 135 

Public Works, Department of 173 56 

228 200 

229 201 

Appropriations, Transfer - 

Public Works, Department of to Commission on 
Aging 236 213 

Ashland Avenue (1809) - Property Sales 264 335 

Athol Avenue (S 108) - Nursing Home 205 105 

B 

Baltimore Qty Code - Additions - 

Article 1. §10A. lOB 246 237 

Article 1. § 40 (fO(97) 223 148 

Article 1, § 40 (ss) 168 30 

Article 1, § 40 (v-1) 169 33 

Article 1. § 222(c)(12) 219 142 

Article 1. § 240-246 237 214 



415 



INDEX 

ORD PAGE 



Article 9, § F-2801.2.2 183 72 

Article 9A, § 1-1 through 12-3 170 35 

Article 13, § 309 (f) 165 22 

Article 13, § 1103 (d-1) 154 1 

Article 19, § 3A 222 147 

Article 19, § 202A 231 204 

Article 19, § 240 235 211 

Article 19, § 240-243 209 117 

Article 19, § 240-244 244 233 

Article 22, § 7(a)(2) 210 120 

Article 22, §23(c) 210 120 

Article 22, § 34(b)(4), 34(k)(5), 

34(k)(6), 36(h)(4), 36A(f) 262 308 

Article 22, § 35(a)(2) 210 120 

Article 28, § 16A 156 4 

Article 28, § 75B 234 208 

Article 30, § 4.7-lc-4, a paragraph to 4.7-2a-3, 

4.8-1C-6, 4.8-1C-7, 4.9-lc-6, 4.9-lc-7, 

4.10-1C-6, 4.10-1C-7, 5.1-1C-16, 5.1-lc-17, 

6.2-1C-12, 6.2-1C-13, a paragraph to 9.0-3, 

11.0-5-18, 13.0-2-6A, 13.0-2-6B 208 110 

Article 30, § 6.2-ld-13, 6.3-ld-16, 6.5-ld-ll ... 240 224 
Article 30, § 6.5-ld-ll, 6.5-ld-12, 6.5-ld-13, 

6.5-2C, 8.0-61-1, 8.0-61-2, 10.0-3b-7, 

11.0-3C-3, 11.0-3d-3(k), 11.0-3e-2(j), 11.0-8, 

13.0-2-3a 258 280 

Article 31, § 102 (2a) 190 80 

Article 31, § 103(la), 105(3) 192 82 

Article 32, § 120.9 164 21 

Baltimore Qty Code - Amendments - 

Article 1, § 40 (c)(1), 40 (e), 40 (q)(6) 169 33 

Article 11, § 273-275, 277, 279 227 197 

Article 12, § 1 172 53 

Article 13, § 309 (b) and 1103 (a), (b), and (c) . 154 1 

Article 13, § 309 (d), (e) 165 22 

Article 13, § 310 (a) * 166 26 

Article 19, § 48C 247 240 

Article 22, § 1 (11), 1 (30), 6 (a)(1) -6 (a)(4), 

9(d)(2), 9(e), 9(f), 17 (a)-17(e) 263 314 

Article 22, § 6 (c)(1), 9 (i) 250 244 

Article 22, § 9 0(4), 9 (k)(3) 163 15 

Article 22, § 17A, 22(e) 249 243 

Article 22, § 34 (b), 34 (d) 251 252 



416 



INDEX 

OBD PAGE 



Article 22, § 34 (b)(4), 34 C0(3), 35(b) 262 308 

Article 28, § 74 (a) 221 146 

Article 30, § ZO-12. 4.0-2a-3 220 143 

Article 30, § 6.5-lc-l. 6.5-lc-4 258 280 

Article 30, § 11.0-3i 197 92 

Article 30, § 13.0-2-72 208 110 

Article 30, Sheet No. 54 196 91 

Article 30, Sheet No. 56 233 207 

Article 30, Sheets No. 66 and 67 259 295 

Article 31, § 60 191 81 

Article 31, § 156 (1) 193 83 

Article 32, § 111.0 171 52 

Article 32, § 117.3.1 167 29 

Article 32. § 117.6 166 26 

Baltimore Qty Cbde - Repeals - 

Article 1, § 239 265 336 

Article 11, § 276, 278 227 197 

Article 22, § 7(a)(1) 265 336 

Article 22, § 23(b) 265 336 

Article 22, § 35(a)(1) 265 336 

Article 30, § 6.3-lb-19 240 224 

Article 30, § 6.4-lc-l, 6.5-lc-l, 6.5-lc-4 258 280 

Bayard Street (n/s), between Warner 

and Russell Streets - Impounding Area 190 80 

Bloomingdale Road, between Belmont 

Avenue and Ellicott Driveway - Qty Property - 

Opening 255 262 

Blythewood Road (5008) - Property Sale - Amended 254 261 

Bonds, Economic Development Revenue - 

Canton House Limited Parmership Project Rll 376 

Fumess House Limited Partnership Project R 9 357 

Bonds, Pollution Control Revenue - 
Refunding - 

Glidden Plants, Inc. Project RIO 366 

Bonds, Transportation Revenue 257 269 



417 



INDEX 

ORD PAGE 



Boston Street (2108-2128) - Housing for the 

Elderly 180 69 

Building G)de - 

Grading and Excavation Work 171 52 

Notice Requirements for Sanitation Qtations . . . 167 29 

Unsafe Structures 164 21 

Byrd Street ( w/s), south of Heath Street - Parking 

Reserved - Repealed 186 78 

C 

Cable Communications System - 

Franchise - Amendments 217 137 

Cable Rates 271 347 

Camden Street and Eutaw Street - Impounding Area 192 82 

Caroline Street (S 316) - Property Sales 230 203 

Cathedral Street (1118) - Property Sales 177 63 

Centre Street, from Fallsway to Monument Street - 

aty Property - Opening 199 97 

Chester Street (N 1205-1211) - Home for Homeless 

Persons 242 227 

Chesterfield Avenue (e/s), south of Jimeway - 

Parking Reserved - Repealed 188 79 

Qty Property - Naming - 

Mickey Finn Field House 216 136 

Saint Katherine of Alexandria Memorial Park . . . 269 345 

City Property - Opening - 

Bloomingdale Road, between Belmont Avenue and 

Ellicott Driveway 255 262 

Centre Street, from Fallsway to Monument Street 199 97 

Key Highway, from Lawrence Street southeasterly 256 265 



418 



INDEX 

ORD PAGE 

Gty Property - Temporary Easements - 

Newkirk and Ponca Streets 198 93 

Qement Street (E 609) - Property Sales 178 64 

Coldspring Project, Lot 11 - Property Sales 270 346 

Compensation Commission, Elected Officials 246 237 

Convalescent Homes 
see 
Nursing Homes 

County Transportation Refunding Bonds R21 400 

Crimes - 

Assaults on Elderly 222 147 

D 

Disabilities, Mayor's Commission on 237 214 

Divestiture - 

Northern Ireland 210 120 

Domiciliary Care 
see 
Nursing Homes 

Drive in Restaurant - 

Annapolis Road (3360) 268 344 

Pulaski Highway (3319-3325) 161 10 

Reistersrown Road (5920-30) 239 223 

Durham Street ( N 822. 824, 825 and 827) 264 335 

E 

Easement, Grant of - 

Roben E. Lee Park 176 59 

Easement, Temporary - 

Newkirk and Ponca Streets 198 93 



419 



INDEX 

ORD PAGE 

Eastern Avenue (s/s), west of Albemarle Street - 

Parking Reserved - Repealed 189 80 

Elderly, Assaults on 222 147 

Elected Officials Compensation Commission 246 237 

Estimates, Ordinance of 226 153 

Events, Special - 

Advisory Board R20 399 

Exeter Street (S 509-521) - Zoning 233 207 

F 

Falls Road Terrace - Streets - Naming 238 222 

Fanners' Markets - 

Fees 223A 150 

Fire Prevention Code - 

Hazard Identification Placards 183 72 

Fleet Street (s/s), east of Curley Street - 

Parking Reserved - Repealed 211 127 

Forest and Tree Conservation Program 170 35 

Forest Conservation Manual R17 391 

Fort Avenue (E 1426) - Property Sales - Repealed . 204 104 

Franchises - Amendments - 

Cable Communications System 217 137 

Frederick Avenue (4021, 4029, 4033, and 4041) - 

Housing for the Elderly 159 7 

G 

Grading and Excavation Work 171 52 



420 



INDEX 

ORD PAGE 

H 

Harford Road (1508) - Housing for the Elderly ... 241 226 

Hazard Identification Placards - 

Storage Tanks 183 72 

Hillen Road (Stuan Ridgely Playground) - Projxrty 

Sale 248 241 

Historic Distrias - 

Bancroft Park 168 30 

Historical and Architectural Preservation, 
Commission - 

Alterations to Structures 169 33 

Membership 169 33 

Home for Homeless Persons - 

Chester Street (N 1205-1211) 242 227 

Homestead Property Tax Credit 156 4 

Hospitals - 

Notice Requirement 172 53 

Housing - 

Public Housing - Federal Requirements R14 388 

Sanitary Maintenance- 

Qtizen Inspectors R16 390 

Education of Occupant R15 388 

Vacant R12 385 

Housing Code - 

Information to Property Owners R13 387 

Rental Registration and License Fee 154 1 

Residential Prop»erty Registration 165 22 

Housing for the Elderly - 

Boston Street (2108-2128) 180 69 

Frederick Avenue (4021. 4029, 4033. and 4041) 159 7 

Harford Road (1508) 241 226 

Howard Street (N 2311) - Property Sales 200 101 

421 



INDEX 

ORD PAGE 

Howard Street (S 10) - Street Encroachment 245 236 

I 

Impounding Areas - 

Bayard Street (n/s), between Warner and Russell 

Streets 190 80 

Camden Street and Eutaw Street 192 82 

Incinerators - 

Amending 224 151 

Industrial Development Authority - 
Loans - 
Quarantine Road/Cell No. 6 RIB 392 

J 

Jorgensen Road to Metal Lane - Streets - 

Name Oiange 194 86 

K 

Key Highway, from Lawrence Street southeasterly - 

City Property - Opening - 256 265 

L 

Landlord and Tenant - 

Sanitary Maintenance Responsibility 166 26 

Sanitation Violation 162 12 

Landmark List - 

Orchard Street Church 223 148 

Lexington Street (W 635) - Street Encroachment . . 174 58 

Lyndale Avenue (n/s), west of Chesterfield Avenue - 

Parking Reserved - Repealed 201 102 

M 

MacBride Prindples 210 120 



422 



INDEX 

ORD PAGE 

Mayor's Commission on Disabilities 237 214 

Metropolitan District Extension - 

Second Election District of Baltimore County, 

Coyle Road and Lyons Mill Road 157 5 

Second Election District of Baltimore Coimty, 

vicinity of Owings Mills Corporate Center .... 182 71 

Mickey Fmn Field House - Gty F>roperty - 

Name Change 216 136 

MIDFA- 

Revenue Bonds - 
Baltimore International Culinary College 
Foundation, Inc R19 394 

Minority and Women's Business Enterprises - 

Payment to Subcontractors 219 142 

Montpelier Street (829) - Street Encroachment ... 175 58 

N 

Newkirk and Ponca Streets - Property Acquisitions .198 93 

Northern Parkway, vicinity of Everall Avenue - 

Property Sale 267 343 

Notice Requirements for Sanitation Qtations 167 29 

Nursing Homes - 

Athol Avenue (S 108) 205 105 

O 

Ordinance of Estimates 226 153 

Owings Mills Boulevard - Property Sales 206 106 

P 

Parking - 

Parking Continuously in Same Location 191 81 



423 



INDEX 

ORD PAGE 



Parking Lot - 

Pennsylvania Avenue (701-711) 158 6 

Sylvan Avenue (2927) 181 70 

West Street (W 5) 212 128 

Parking Reserved-Repealed - 

Byrd Street (w/s), south of Heath Street 186 78 

Qiesterfield Avenue (e/s), south of Juneway , . . 188 79 

Eastern Avenue (s/s), west of Albemarle Street . 189 80 

Fleet Street (s/s), east of Curley Street 211 127 

Lyndale Avenue (n/s), west of Qiesterfield 

Avenue 201 102 

Payson Street (e/s), south of Eagle Street 202 103 

Twenty-seventh Street (n/s), between Guilford 

Avenue and Barclay Street 187 78 

Whistler Avenue (s/s), east of Carroll Street 203 104 

Payson Street (e/s), south of Eagle Street - Parking 

Reserved - Repealed 202 103 

Pennsylvania Avenue (701-711) - Parking Lot .... 158 6 

Pennsylvania Avenue (2426) - Street Encroachment 214 134 

Property Acquisitions - 
Qty Acquires - 

Newkirk and Ponca Streets 198 93 

Property Acqviisitions - 

City Acquires - Amended - 

Interstate Route No. 95 207 108 

Property Sales - 
Qty Sells - 

Ashland Avenue (1809) 264 335 

Caroline Street (S 316) 230 203 

Cathedral Street (1118) 177 63 

Qement Street (E 609) 178 64 

Coldspring Project, Lot 11 270 346 

Durham Street (N 822, 824, 825, 827) 264 335 

Hillen Road (Stuart Ridgely Playground) 248 241 

Howard Street (N 2311) 200 101 

Northern Parkway, vicinity of Everall Avenue 267 343 

Owings Mills Boulevard 206 106 



424 



INDEX 

ORD PAGE 

Ware and Washington Avenues 179 66 

Property Sales - 

Qry Sells - Amended - 

Blythewood Road (5008) 254 261 

Property Sales - 

Qty Sells - Repealed - 
Fort Avenue (E 1426) 204 104 

Property- Tax Credit - 

Homestead 156 4 

Vacant Dwellings 234 208 

Public Housing - 

Federal Requirements R14 388 

Public Local Laws - 

§ 9-14 162 12 

Public Safety Conservation Area - 

Establishment of Areas and Advisory Board .... 209 117 

Pulaski Highway (3319-3325) - Drive-in Restaurant 161 10 

Purchases - 

South Africa 265 336 

R 

Reisterstown Road (5920-30) - Drive-in Restaurant 239 223 

Rental Registration and License Fees 154 1 

Residential Permit Parking Program - 

Businesses in Stadium Area 193 83 

Residential F>roperty Registration 165 22 

Rest Homes 

see Nursing Homes 

Retirement Systems - 



425 



INDEX 

ORD PAGE 



Elected Officials' - 

Abolished Positions or Tides 249 243 

Investments in/with Northern Ireland 210 120 

Investments in South Africa 265 336 

Ordinary Disability Retirement Benefits 249 243 

Employees' - 

Qass C Disability Benefits 163 15 

Investments in/ with Northern Ireland 210 120 

Investments in South Africa 265 336 

Ordinary Disability Retirement Benefits 250 244 

Proposed Plan Improvements 263 314 

Fire and Police Employees' - 

Investments in/with Northern Ireland 210 120 

Investments in South Africa 265 336 

Ordinary Disability Retirement Benefits 251 252 

Service Retirement Allowance 262 308 

Revenue Anticipation Notes - 

Issuance of 243 228 



Saint Katherine of Alexandria Memorial Park - 

aty Property - Naming 269 345 

St. Paul Street (3700, 3702, and 3704) to 
Bishop's Road (E 12, 14, and 16) - Street 
Address - Change 155 3 

Sanitary Maintenance - 

Qtizen Inspectors R16 390 

Education of Occupant R15 388 

Responsibility 166 26 

Trash Removal 162 12 

Violation Notices 167 29 

Second-Hand Personal Property Dealers - 

License fees 247 240 

Smoking in Qty Buildings 227 197 

South Africa - 

Purchases and Investments 265 336 



426 



INDEX 

QRD PAGE 



Special Traffic Enforcement Officers - 

Etowntown Commerdal District 235 211 

Stockton Street (S 122, 124, 126) - Zoning 196 91 

Storage Tanks - 

Hazard Identification Placards 183 72 

Street Address - Qiange - 

St. Paul Street (3700, 3702, and 3704) to 
Bishop's Road (E 12, 14. and 16) 155 3 

Street Encroachment - 

Howard Street (S 10) 245 236 

Lexington Street (W 635) 174 58 

Montpelier Street (829) 175 58 

Pennsylvania Avenue (2426) 214 134 

Streets-Qose - 

Alley, south of Lombard Street 185 75 

Alleys in Upton Urban Renewal Area 253 258 

Streets - Name Qiange - 

Jorgensen Road to Metal Lane 194 86 

Streets - Naming - 

Falls Road Terrace 238 222 

Streets - Of>en - 

Alley, south of Lombard Street 184 73 

Alleys in Upton Urban Renewal Area 252 256 

Sylvan Avenue (2927) - Parking Lot 181 70 

T 

Tax Credit - 

Vacant Dwellings 234 208 

Taxes - 

Admissions and Amusement 221 146 

Property 225 153 

Towing, Emergency 231 204 

427 



INDEX 

ORD PAGE 



Trademarks - 

Unauthorized Sales 244 233 

Transportation Revenue Bonds 257 269 

Trash Removal - 

Rental Properties 162 12 

Twenty-seventh Street (n/s), between Guilford 
Avenue and Barclay Street - Parking Reserved - 
Repealed 187 78 

U 

Urban Renewal - 

Charles/North Revitalization Area - Amendment 

No. 4 195 87 

Fells Point - Amendment No. 16 261 302 

Moimt Vemon - Amendment No. 9 213 129 

Municipal Center Area - Amendment No. 7 .... 218 139 

Sandtown-Winchester - Amendment No. 3 232 205 

V 

Vacant Dwellings - 

Property Tax Credit 234 208 

Vacant Housing 12 385 

W 

Ware and Washington Avenues - Property Sales . . . 179 66 

West Street (W 5) - Parking Lot 212 128 

Whistler Avenue (s/s), east of Carroll Street - 

Parking Reserved - Repealed 203 104 

Z 

Zoning - 

Allied and Related Sites 259 295 

Exeter Street (S 509-521) 233 207 

Stockton Street (S 122, 124, 126) 196 91 



428 



INDEX 

ORD PAGE 



Zoning Code - 

Bed and Breakfast 208 110 

Conversion of Dwellings 220 143 

Nursing Homes 240 224 

Special Exception Extensions 197 92 

Zoning - Planned Unit Development - 

Allied and Related Sites 260 296 

Cylbum Hills 266 339 

Zoning - Planned Unit Development - 
Amendments - 
Baltimore Travel Plaza and Baltimore Pon Truck 
Plaza 160 8 



429 



DO H(n CIHCUUTE 



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